刍论刑事立案证据标准及其统一

Opinions on Evidence Standard of Criminal Case Filing and Its Unification

证据标准区别于证明标准,在刑事诉讼体系中有着独特地位和作用。立案证据标准则是证据标准全链条的开端,是刑事立案的最低限度要求,本质上是对立案的监督和约束,其性质和作用与其在刑事诉讼中的地位是相适应的。推进立案证据标准的统一是推进证据标准统一的必经环节,对于促进司法统一和人权保障有着关键作用。

The standard of evidence distinguishes from the standard of proof and plays a unique role in the criminal procedure system. The standard of evidence for criminal case filing is the beginning of the whole chain of the standard of evidence, the minimum requirement of criminal filing, as well as the essentially supervision and restriction of criminal case filing. Its nature and function are compatible with its status in criminal proceedings. Promoting the unification of the standard of evidence on criminal case filing is the necessary link to promote the unification of the standard of evidence, which plays a key role in promoting the unification of justice and the protection of human rights.