审判中心主义视野下我国刑事证明模式的重塑

Reconstruction of the Mode of China's Criminal Proof in the View of Judgment Centralism

党的十八届四中全会提出了"推进以审判为中心的诉讼制度改革",为我国刑事诉讼制度新一轮的改革定下了基调。在刑事诉讼中,有关定罪量刑的事实认定是诉讼的一项中心任务,因而刑事证明模式的设计至关重要。我国传统的刑事证明存在证明理论哲学化、证明主体单极化、证明活动协作化等问题,不利于通过程序公正实现实体公正的目标。近年来,学术界关于"印证证明模式"和"新法定证据主义"的研讨,也存在一定的偏差。当前,有必要在"审判中心主义"的视野下重新审视我国刑事证明模式的过去、现在和未来,并以三个支点重塑我国的刑事证明模式,即强化审判阶段诉讼证明的中心地位,形成以证据能力为核心的证据规则体系和完善以严格证明为主的证明体系。

The Fourth Plenary Session of the 18th CCCP proposed to promote the reform of lawsuit system into a trial centered style, which have set the tone for a new round of reform of criminal suit system in China. In criminal proceedings, fact-finding is a central task and the design of the mode of criminal proof is critical. However, our traditional theory and system on criminal proof, in which the philosophical trend of proof theory, the unipolar subject and the collaborative trend in proof activities exist, is not conducive to achieve substantive justice through due process. In recent years, the academia made much effort in the name of Verification Mode or New Legal Evideneeism, but there were some deviations in the discussion. In the current, it is necessary to review the past, present and future of our criminal proof mode in the view of Judgment Centralism, and reconstruct it through three reforms, ie., to strengthen the trial stage＇s center situation in the criminal proceedings, to construct the evidence rules circled on evidence ability and to perfect a layering criminal proof system dominated by strict proof.