审判中心视野下“零口供案件”侦查取证问题研究

Research on Investigation and Evidence-gathering of “Zero Statement Cases” Under the Trial-centered View

刑事诉讼以审判为中心司法制度的确立,加大了对非法口供的排除力度,客观上增加了侦查机关对审讯取证的难度。侦查人员必须从主观上摒弃"口供为证据之王"的思想观念,客观上改变"由供到证"的侦查办案模式,树立"零口供案件"侦查取证理念,采取穷尽原则,全面侦查取证,构筑符合犯罪事实清楚、证据确实充分且排除合理怀疑的刑事证据体系。

The establishment of the trial-centered system in criminal procedure not only adds the exclusion of illegal oral confession but also increases the difficulty of evidence-gathering for investigation department. Investigators must abandon the perspectives that confession is the most important evidence and change investigation mode from confessions to evidences. Furthermore, they need to set up concept of zero statement cases in investigation and evidence-gathering activities. Through exhaustion of all principles and completeness in investigation, we could establish the criminal evidence system that criminal facts are clear and evidence excluded from reasonable doubt is reliable and complete.