我国刑事证据关联性规则分析

An Analysis of the Relevance Rules of Criminal Evidence in China

在刑事诉讼中,证据关联性规则具有重要的作用。它是证据能否进入诉讼的一个重要前提。证据关联性规则能够过滤有关联的证据、排除无关联或关联性不足的证据。书证的原件关联性大于它的复印件,因此提供者应尽量提供原件。口供需要经过其他证据补强增强它与案件待证事实的关联性。品格证据、类似行为在本案中关联性不足,原则上应排除。刑事证据关联性需要在概念、运用标准、运用程序上进行完善,使相关证据更好地发挥作用。

In criminal lawsuit, evidence relevance rules play an important role. It is an important precondition for the evidence to enter the litigation. Evidence relevance rules can filter associated evidence and exclude evidence that is unrelated or insufficiently related. The original relationship of the documentary evidence is greater than its copy, so the provider should provide the original as much as possible. The confession needs to be supplemented with other evidence to enhance its relevance to the facts of the case. The lack of relevance of character evidence and similar behavior in this case should be ruled out in principle. The relevance of criminal evidence needs to be improved in terms of concepts, application standards, and application procedures so that relevant evidence can function better.