试析刑事诉讼中间接证据解释与推论的逻辑运用

An Analysis of the Logical Application of Indirect Evidence Interpretation and Inference in Criminal Proceedings

近来在刑事诉讼中只看重以言词证据为主体的直接证据,忽视以物证为主体的间接证据,这是我国司法办案人员长期挥之不去的口供情节的主要原因之一。将刑讯逼供这种表面现象归结为我国刑事错案频发的根本原因,实为本末倒置。只有在法治观念上树立起间接证据在认定案件事实方面的基础性地位,培养办案人员对间接证据进行正确解释和推论的逻辑思维能力,把间接证据作为刑事案件定案的主要根据,才能从根本上扭转刑事案件刑讯逼供泛滥的局面,将刑事错案的高发生率降下来。

It is one of the main reasons why the judicial investigators in our country have a long-term lingering oral confession because they only pay attention to the direct evidence with the verbal evidence as the main body and ignore the indirect evidence with the physical evidence as the main body. It puts the cart before the horse to consider extorting confession which is a superficial phenomenon as a fundamental reason for the frequent occurrence of misjudged cases in China. In order to reverse the situation where extorting confession is widespread in criminal cases fundamentally and reduce the high incidence of misjudged cases, in the awareness of law, indirect evidence has to be established the basic position on the facts of the case, and the logical thinking ability of investigators for correct interpretation and inference to the indirect evidence has to be fostered, as well as the indirect evidence must be regarded as the main basis for criminal cases.