法律真实"与"客观真实"论争之检讨——兼论刑事诉讼证明标准体系

A Review of the Controversy between the Legal Truth Doctrine and the Objective Truth Doctrine in Light of the System of Conviction Standards in Criminal Proceedings

客观真实说与法律真实说由论争到折中的转变,证明两者实质上是一回事,可以融合生长,实现优势互补。我国证明标准缺陷问题主要是体系问题,以此为突破口,可以在坚持客观真实理论基础上吸收法律真实之逻辑性、层级性和规律性等优势,完善有罪判决证明标准,进而重构我国的证明标准体系。

The eventual reconciliation between the Legal Truth Doctrine and the Objective Truth Doctrine demonstrates that the two elements actually coexist and complement rather than conflict with each other. The major defect with the prevailing conviction standards lies in the system proper. Henceforth, it is sensible to take this as a breakthrough point for efforts to amend, or even to rebuild the system of conviction standards for the criminal proceedings cashing in on the strengths of both the objective truth and legal truth.