从规范证据运用角度看我国刑事错案

On Misjudged Criminal Cases in China from the Perspective of Standard Use of Evidences

近年来不断曝出的刑事错案,不仅严重侵害公民的合法权益,也使司法公正受到质疑。刑事证明标准模糊、证据规则的不完善、"口供至上"错误观念以及取证手段的不合法,都是导致刑事错案发生的原因。因此,必须进一步从证据角度规范取证手段和证据的运用,完善刑事诉讼的相关制度,将错案遏制在最小的范围之内,最终维护司法公正,实现社会公平正义。

More misjudged criminal cases have been exposed in the last years, which shows that the citizen＇s legal rights were seriously infringed and the judicial justice was queried as well. The paper contends that the causes are as follows： the judicial testifying standards are vague; the testifying rules are imperfect; the oral confession is considered to be the most important which forms a wrong concept, and the means of collecting evidences are not based on the legal procedures. Therefore, the author of the paper proposes that the means of collecting evidences and the use of evidences will have to be standardized from the perspective of evidence so as to perfect the system of criminal procedure concerned and safeguard the judicial justice.