刑诉法基本原则“以事实为根据、以法律为准绳”教学研究

A Research on Teaching the Basic Principle of "Taking Facts as the Basis and the Law as the Criterion " in Criminal Procedure Law of the PRC

"以事实为根据、以法律为准绳"是我国刑诉法基本原则,是实事求是思想路线在诉讼领域的体现,一直指引司法人员正确办理案件。但有观点认为过去的事实不会再现,质疑否认该原则,以致一些法律大学生感到迷茫困惑。应探讨在刑诉法学教学中如何结合辩证唯物主义认识论和历史唯物主义原理讲授"以事实为根据、以法律为准绳"原则,以厘清认识上的混乱,促进法律大学生牢固正确掌握并坚信这一刑诉法基石原则,以利今后公正司法,维护和弘扬法治精神。

As the basic principle of the Criminal Procedure Law of the PRC, ＂taking facts as the basis and the law as the criterion＂ is the embodiment of the Party＇s ideological guideline of seeking truth from fiacts in the litigation process, and has guided the judicial personnel to correctly handle the eases. However, some people hold an objecting viewpoinl that the facts in Ihe past cannot recur, and thus question or deny this principle, which has confused law school undergraduates. This work explores how to combine epistemology of dialectical malerialism and principles of historical materialism in leaching this basic principle in the course of criminal procedure law, aiming to clarify the blurry awareness, and help law students correctly understand and have faith in this basic principle. In the long run, it is conducive to maintaining the impartial justice and carrying forward lhe rule of law.