刑事证据二步式审查方法构建

Construction of a Two-step Review Method of Criminal Evidence

传统证据审查判断是对证据合法性、真实性、关联性一并审查的同时解决证据能力和证明力问题。在审判之前证据三性难以发挥作用,非法证据在法庭调查之前的诉讼程序中都畅通无阻,对法官心证产生不当影响,致使案件真实无法查明,甚至会出现非法证据成为定案根据的情况,产生冤错案。二步式证据复合审查方法,旨在关注并区分证据能力和证明力问题,第一步先行判断证据准入法庭的资格,第二步进行证明力评估。

Traditional evidence examination and judgment are to examine the legality,authenticity and relevance of evidence and to solve the problems of evidentiary capacity and probative force.Before the trial,the three attributes of evidence are also difficult to play their functions,leading to the unobstructed illegal evidence in the court proceedings before the investigation with improper influence on the judge′s mental impression before the adjudication,so that the truth can not be found.Moreover,some illegal evidences will become the basis of the final case,resulting in unjust and wrong cases.The two-step evidence compound examination method aims to focus on and distinguish the issue of evidentiary capacity and probative force.The first step is to judge the qualification of evidence to enter the court,and the second step is to evaluate the probative force.