非同案共犯陈述之证据种类

The Classification of Divisional Joint Criminal's Statement

非同案共犯的陈述是被告人供述抑或是证人证言,不仅会影响被告人的实体权利,且实践中认定不一致也会与法律的统一性相悖。文章通过对证言说和供述说的介绍及对证言说在域外实践的分析,进而立足于我国当前的状况,认为将非同案犯陈述认定为被告人供述符合证据分类的逻辑、更有利于妥帖保护被告人的法定权利,同时利于避免冤案的发生。

That the Divisional Joint Criminal＇s Statement belongs to statement of witness or confession of defense has been not settled. This disagreement will not only have great effect on the rights of defense, but also contradict with the unity of law. In this paper, the study of different views and the analysis of China current judicial system are explained and introduced. Finally, we can draw a conclusion that the divisional joint criminal＇s statement belongs to confession of defense. This conclusion will not only protects the defense rights properly but also reduces the risk of injustices.