中国古代诉讼证明问题探讨

Proof in Judicial Proceedings in Ancient China

证明是中国古代诉讼活动中不可缺少的重要环节。在古代侦、控、审职能不分的体制下,证明主要是审判机关的职责,但是案件的原告需要提供一定的证据,被告人更承担着证明自己有罪的责任。在诉讼证明标准方面,中国古代司法始终注重追求客观真相,其具体的制度表述,则从概括性逐步走向具体、明确,同时越来越强调依据口供定罪。对于疑罪的处理,中国古代虽有过疑罪从无的思想,但在法律规定上采取疑罪从轻、从赎的原则。古代诉讼证明制度深受专制主义政治体制的制约,反映了纠问制诉讼模式的特征,同时也从一个侧面体现了中国古代的司法文明。对古代证明问题的考察和研究对今天中国的司法制度改革有重要的借鉴意义。

Proof was the indispensable step in litigation activities in ancient China. As there was no division among investigative function, accusatory function and judicial function, it was mainly trial courts＇ responsibilities to prove the facts. Despite this, plaintiffs should provide evidence when they brought lawsuits and defendants took the responsibilities to prove their guilt. In terms of standard of proof, the pursuit of objective truth was highly valued in ancient Chinese judicial system. The expression of standard of proof was quite recapitulatire at early stages and became more specific and clear in later period. At the same period, it was increasingly emphasized that convictions should be based on confessions. When settling the criminal cases without clear facts, the ancient Chinese judges normally follow the principle of ＂lenient treatment of doubtful guilt＂ according to the law, although there had been the ideation of ＂in dubio pro reo＂ in ancient China. Proof in judicial proceedings was restricted by the autocracy in ancient China and reflected the characteristics of the inquisitorial model on the one hand and it also reflected the judicial civilization in ancient China on the other hand. It is significant for the judicial reform in contemporary China to study the issue of proof in ancient China.