证据裁判原则与刑事错案的防范

Principle of Evidence and Prevention of Criminal Misjudged Cases

证据裁判原则是现代司法证据制度的核心原则,要求在对证据资格进行审查判断时应当遵循相关性规则、非法证据排除规则、传闻证据规则和意见证据规则,在对证据的证明力进行审查判断时应当遵循证据补强规则。刑事错案产生的证据原因包括口供本位主义、案卷证据中心主义的盛行以及庭审质证的缺失等。从证据裁判的角度出发,刑事错案的防范应当由口供本位走向物证本位,完善直接言词原则,提高必要证人出庭率,同时还要确立被告人质证权,完善质证规则,证明标准下的疑罪从无应坚持"次优选择"。

The principle of evidence is the core principle of modern judicial evidence system.The rules of relativity,illegal evidence exclusion rule,hearsay rule and the opinion evidence rule must be followed during examination and judgment of the qualification of evidence,and the rule of evidence reinforcement must be followed during review and judgment of evidence testifying power.The reasons of criminal misjudged cases are various.In the trial stage,the focus shall be transferred from confession to evidence so as to prevent criminal misjudged cases.At the same time,it also needs to improve the principle of direct speech and to improve the quality of the rules and regulations adhering to the theory of the second best choice.