证据裁判原则在我国的确立与贯彻

Establishment and Implementation of the Principle of Judgment by Means of Evidence in China

证据裁判原则是现代刑事诉讼中认定案件事实应当遵循的重要原则。我国《刑事诉讼法》虽然没有对该原则作出明文规定,但是诸多司法解释均对此作出了规定,在政治领域也得到了党的文件的肯定。可以说,证据裁判原则在我国已经逐步确立发展起来。立足于我国的司法实践,要贯彻证据裁判原则,需要厘清"以事实为根据"与证据裁判的关系,审判中心主义与证据裁判的关系,强化证人、鉴定人出庭作证制度,完善非法证据排除规则,严格证明标准等。

The principle of judgment by means of evidence is an important principle in modem crimi- nal proceeding cases for fact identification. There is no clear provision about this principle in China＇ s Criminal Proceeding Law, but the judicial interpretations include it, and it is also affirmed in the Communist Part of China＇ s documents. It is argued that the principle of judgment by means of evidence has been developed gradually in China, and that in ju- dicial practice, to implement it effectively we should distinguish its relation with ＂based on facts＂ and trial -centeredness, strengthen the witness and identifier appearance sys- tem, improve the principle of excluding illegal evidence, and tighten the criteria of proof.