客观性证据审查模式与疑罪从无

On Mode of Objective Evidence Examine and No Punishment in Doubtful Case

客观性证据审查模式是以浙江省检察院为代表的实务部门在办理刑事案件过程中摸索、总结出来的一种证据审查模式,由最高人民检察院先后两次在全国推广,引起了全国的广泛关注和各地实务部门的争相学习,其优势集中体现在对于刑事冤假错案的防范和纠正上。疑罪从无是现代刑事司法体系的重要原则,在促进人权司法保障、防范和纠正冤错案件、维护司法权威、实现司法公正方面起着不可替代的作用,但由于种种原因,疑罪从无在我国贯彻实施并不理想。客观性证据审查模式的提出,有利于疑罪从无原则的落实,可体现在克服口供中心主义、维护司法独立、推进审判中心主义等方面。

The mode of objective evidence examine is a kind of mode of evidence examine groped and summarized in the process of handling criminal case by the practical department of Zhejiang Province Procuratorate.The Supreme People＇s Procuratorate has popularized twice to the whole nation and has aroused wide concern by the whole nation and all the practical departments started to learn.The advantages are focused on the prevention and correction of the criminal cases in which people were unjustly,falsely or wrongly charged or sentenced.No punishment in doubtful case is an important principle of the modern criminal judicial system.It has an irreplaceable role in promoting the judicial guarantee of human rights,preventing and correcting wrongly cases,maintaining judicial authority and realizing judicial justice.But due to various reasons,the implementation of no punishment in doubtful case in our country is not satisfactory.The proposal of the mode of objective evidence examine will benefit the implementation of the principle of no punishment in doubtful case,which can be embodied in overcoming the suspects＇statements as the core of procedure,maintaining the independence of the judiciary and promoting the trial as the core of procedure.