检察机关审查起诉中的证据运用

Evidence Applying by the Procuratorates in the Prosecution Process

检察官在审查起诉阶段同时扮演犯罪指控者、案件调节者、诉讼监督者三种角色,不同角色的检察官运用证据的方式各有侧重。审查起诉过程中的证据运用主要包括证据的采纳、采信、印证和自由心证的形成四方面,目前存在未能积极引导取证、自行取证,证据审查粗糙、证明力判断不准确,证明标准理解不到位等问题,需要进一步通过操作层面的规制和意识层面的转变予以化解。

The procurators play three roles in the prosecution phase at the same time,such as the chargers of a crime,the regulators of the criminal case and the supervisors of litigation. They take different approaches to apply evidence when they are in different roles. The content of evidence applying in the prosecution process includes admissibility,adoption,confirmation of evidence and implementation of free evaluation of evidence. There are several problems in evidence applying process at present,including prosecutors indolent in investigation personally or being a orienter,examining evidence roughly,judging probative force inaccurately,and unilaterally understanding the proof standard, which need to be solved by regulation in manipulating level and transformation of consciousness in the future.