论庭审实质化视角下定罪证明标准的适用

On the Application of the Standard of Proof of Conviction:from the Perspective of Making Trials Substantive

庭审实质化不仅要求庭审程序实质化,而且要求定罪实质化。定罪实质化的核心要义在于确立符合客观规律的定罪证明标准并予以严格遵守。我国立法上定罪证明标准历来注重对案件的证明要达到事实明白无疑的地步,经历了从"众证明白、确凿无疑"标准到"事实清楚,证据确实、充分"标准的演变过程。司法实践中法院在达不到定罪证明标准的情况下作出无罪判决并不多见。为了实现定罪实质化,发挥定罪证明标准对定案质量的把关作用,应当采取有效措施对定罪证明标准作细化解读;坚守定罪证明标准,贯彻落实"疑罪从无"原则;强化判决说理制度。

Making trials substantive requires not only the substantialization of court trial procedure,but also the substantialization of conviction. The core of the substantialization of conviction is to establish and strictly abide by the standard of proof of conviction which conforms to the objective law. The standard of proof of conviction in our country’s legislation pays attention to the fact that the proof of a case must be clear. It has gone through the evolution process from the standard of "public proof is convincing and conclusive"to the standard of "facts are clear and evidence is sufficient". In judicial practice,there are few cases where an innocent judgment is made when the facts are not clear and the evidence is insufficient. In order to realize the substantialization of conviction,we should take effective measures to elaborate the interpretation of conviction proof standard,adhere to the standard of proof of conviction,implement the principle of"in Dubio pro Reo"and strengthen the system of judgment reasoning.