刑事证据矛盾审查机制探析

A Study on the Mechanism of the Review of the Contradiction of Criminal Evidence

证据矛盾是刑事诉讼证据审查过程中普遍存在的一种证据现象。就规范层面而言,证据矛盾审查被视为满足证据标准的要求之一,包含证据之间的矛盾以及证据与事实间的矛盾,带有主观性的证据是主要审查对象。反观司法实践,证据矛盾审查隐含三大异化趋势:一为"证据印证"先行;二是以"印证事实"为中心;三是以"主观性证据"为中心。鉴于此,证据矛盾审查机制需要完成向"矛盾审查先行""证据中心"和"客观性证据中心"的制度转型。

The contradiction of evidence is a common phenomenon in the review of criminal evidence. At the normative level,the review of evidence conflict,which is one of the requirements of the evidence crite ria,involves the contradiction between pieces of evidence and the contradiction between evidence and facts, the subjective evidence being the main object of the review. At the practical level,the review of the contra diction of evidence implies three major trends of alienation,namely the confirmation of evidence being con sidered first,the confirmed fact being the focus,and the subjective evidence being the center. In view of this situation, the mechanism of the review of the contradiction of evidence should be reformed to the review of the contradiction being the first consideration, evidence being the focus, and the objective evidence being the center.