刑事卷证与技术审判

Evidence of Case Files and Technical Trials

从证据手段在审判中的运用来看,以卷证为基础的欧陆主要法治国家的刑事审判可以界定为一种技术审判,而英美以口证为主要手段的刑事审判大致属于一种经验审判。我国普遍运用卷证的刑事审判也可归为一种技术审判方式,但由于对卷证的过度依赖、司法者职业化和专业化程度不高和刑事卷证运用的程序性制约机制的欠缺,导致我国技术审判的异化。当下推行的以审判为中心的诉讼制度改革并非是对刑事卷证运用的根本否定,相反,为我国刑事卷证在审判中运用的制度改革奠定了基础。

As to the application of evidence in the trial,criminal trials based on case files in major European countries practicing ruling of law can be defined as the technical trial,while criminal trials based on oral evidence in Britain and the United States can be regarded as an empiric trial. In our country,the technical trial can be defined since case files are widely used in criminal trials. However,technical trial in China has been distorted because of excessively relying on case files,the judges less professional level,and the lack of procedural restrains on application of criminal case files. At present,the trial- centered reform of litigation system is not rejection of using case files but rather aims to lay foundation for the systemic reform on application of case files in criminal trials.