“一对一”证据审查认定规则探析

The Rules of Examination and Identification to “One to One”Evidences

"一对一"证据多发生在单独实施的犯罪行为中,属直接证据,且多属言词证据。其直接性、言词性和隐蔽性的特征使得与之相关的事实查证和证据认定陷入困境,最终导致法院无法准确定罪量刑。解决这一难题的关键在于制定有效的证据审查认定规则,充分发挥间接证据对直接证据的印证与补证功能,正确运用一系列证据规则排除合理怀疑,并最终确认案件事实。

＂One to one＂ evidences often occurred in solar criminal act, which belongs to direct evidences and verbal evidences mostly. The features of ＂one to one＂ evidences： directness, Vei＇balness and elusiveness, lead to the difficulty of ascertaining criminal facts and ruling the evidences, and bring about inaccurate condemnation and penalty measurement at last. The key to solve this problem is to regulate effective examination and identification rules, develop the verifying and complementary functions of indirect evidences to direct evidences and use a series of evidence rules to exclude all reasonable doubts and confirm the facts.