间接证据质证问题研究

On the Issue of Cross-examination of Indirect Evidence

间接证据证明得到证据性事实,各个证据性事实之间通过印证或衔接从而推论出待证事实。间接证据之间的印证通常表现为各个间接证据对口供的补强和固定,质证一般也是整体质证和简单比对。为了提高根据间接证据认定案件的准确性,应当建立证据能力规则,保证庭审中证据的合法性。间接证据的审查应当首先从审查单个证据的证明力入手,并且印证应当是相互的、交叉的,且不能忽略推论的作用。结论唯一性不应当作为采信间接证据的标准。

The testimony of indirect evidence can lead to evidential facts and the verification and connection of evidential facts can provide the facts to be proved. The verification of indirect evidence appears as confirmation and reinforcement of the confession and cross-examination also appears as a holistic or simple comparison. In order to improve the accuracy of cross-examination provided by indirect evidence,the rules of competence of evidence shall be established to ensure the legality of evidence in court trial. The review of indirect evidence shall start with the review of every single piece of evidence. When it comes to verification,it shall be mutual and overlapped. The importance of inference shall not be neglected in judicial proceedings. The uniqueness of the conclusion shall not become the criterion of adopting indirect evidence.