审查起诉阶段瑕疵证据补救程序的完善

Improvement of Remedial Procedure of Defective Evidence in the Stage of Prosecution

瑕疵证据是介于合法证据与非法证据之间的一个过渡性证据,经过补正或作出合理解释,可以作为证据使用。可是,在审查起诉阶段,瑕疵证据补救存在范围不合理、启动方式单一、补救方式狭隘、治愈标准不明确等问题。造成瑕疵证据补救不力,既有"重实体、轻程序"观念的影响,相关制度规定不够具体,也有辩护人参与程度较低与补救不力缺乏追责等方面的原因。为保证审查起诉阶段瑕疵证据补救的效果,应当界定瑕疵证据的补救范围,拓展瑕疵证据补救程序的启动方式,完善瑕疵证据的补救方式,确定瑕疵证据的治愈标准,充分保障辩护方的知情权和参与权。

As a transitional evidence between legal evidence and illegal evidence, defective evidence may be used as evidence in the case of correction or reasonable interpretation. However, in the prosecution stage, there are some problems, for example, the remedy is unreasonable, the starting method is single, the remedy is narrow, and the standard of cure is not clear. The defective evidence is ineffective in remedy, because it is influenced by the＂heavy entity, light procedure＂concept, the relevant provisions of the system being not specific enough, a low degree of participation in the defense, ineffective remedy and lack of accountability. In order to ensure the prosecution stage evidence remedial effect, we should define the scope of evidence remedy, expand the remedial way of defective evidence remedy, improve the remedy way of defective evidence, determine the cure standard of defective evidence,and fully safeguard the right to know and participate in the right of the defense party.