刑事诉讼证据证明力研究
发布时间：2018-09-09 13:05
【摘要】：刑事证据证明力是刑事案件从侦查机关立案到法院审判的全过程中,证据对待证事实进行确认或者否认,以帮助裁判者对案件事实形成内心确信时,起到作用的有无和程度的大小。刑事证据的证明力是侦查机关进行侦查破案的基础之基础,是检察机关审查起诉的立足点,又是其顺利提起公诉的“助推器”,是人民法院“以事实为依据,以法律为准绳”公正裁判的前提和基础,是法庭对案件事实审理所围绕的核心,是使有罪的人得到法律给予的应有惩罚,使无罪的人不受刑事追究和制裁的强有力的依据。 我国目前刑事证据证明力存在立法、制度、司法操作等方面的缺陷,具体表现：证明标准的单一化和不确定性,现行《中华人民共和国刑事诉讼法》对立案、逮捕、侦查终结、起诉和审判的证明要求,均要求必须做到案件事实清楚,证据确实、充分；审级关系和错案追究制度对司法裁判者带来负面影响；案卷笔录中心主义导致证据辩论不彻底；证明评价存在“超级自由证明”法官自由程度过高,基本上没有任何制度性的限制可言。基于刑事诉讼三阶段证据证明力标准需要统一、刑事诉讼证据的不稳定性需要证明力规则予以规范、司法裁判的接受者认同证明力规则、案卷笔录中心主义的裁判方式催生证明力规则和对司法人员自由心证的限制需要证明力规则等因素,在中国司法实务界需要构建证明力规则,需要建立证明力否定规则、证明力减等规则、证明力补强规则和证明力优先规则等规则。
[Abstract]:The power of proof of criminal evidence is the whole process from the investigation organ to the trial of the court, when the evidence treats the facts of the evidence to confirm or deny, in order to help the referee to form the inner conviction of the facts of the case, Play a role in the size and degree of the size. The power of proof of criminal evidence is the foundation of investigating and solving cases, the foothold of procuratorial organs in examining and prosecuting, and the "booster" of its successful prosecution, and the people's court is "based on facts". Taking the law as the criterion, "the premise and foundation of the fair judgment is the core around which the court tries to hear the facts of the case. It is the strong basis for making the guilty person get the due punishment given by the law and make the innocent person not subject to criminal investigation and punishment." At present, the power of proof of criminal evidence in our country has some defects in such aspects as legislation, system, judicial operation and so on. The concrete manifestation is the simplification and uncertainty of the standard of proof, the present Criminal procedure Law of the people's Republic of China puts on record, arrests, and the end of investigation, The proof requirements of both prosecution and trial require that the facts of the case be clear, the evidence is true and sufficient, the system of trial level relation and the system of investigating misjudged cases bring negative influence to the judicial adjudicators, the case record centralism leads to the incomplete debate of the evidence; The degree of freedom of judges is too high and there are basically no institutional restrictions. Based on the standard of proof power in three stages of criminal procedure need to be unified, the instability of evidence in criminal procedure needs to be regulated by the force of proof rule, and the receiver of the judicial decision agrees with the proof power rule. The adjudication method of case record centrism gives birth to the rules of proof power and the restriction of judicial personnel's free heart evidence, and so on. In Chinese judicial practice, it is necessary to construct the rules of proof power and establish the rule of negation of proof power. The rule of proof force subtraction, the rule of reinforcement of proof force and the rule of proof force priority.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.23
本文编号：2232458
[Abstract]:The power of proof of criminal evidence is the whole process from the investigation organ to the trial of the court, when the evidence treats the facts of the evidence to confirm or deny, in order to help the referee to form the inner conviction of the facts of the case, Play a role in the size and degree of the size. The power of proof of criminal evidence is the foundation of investigating and solving cases, the foothold of procuratorial organs in examining and prosecuting, and the "booster" of its successful prosecution, and the people's court is "based on facts". Taking the law as the criterion, "the premise and foundation of the fair judgment is the core around which the court tries to hear the facts of the case. It is the strong basis for making the guilty person get the due punishment given by the law and make the innocent person not subject to criminal investigation and punishment." At present, the power of proof of criminal evidence in our country has some defects in such aspects as legislation, system, judicial operation and so on. The concrete manifestation is the simplification and uncertainty of the standard of proof, the present Criminal procedure Law of the people's Republic of China puts on record, arrests, and the end of investigation, The proof requirements of both prosecution and trial require that the facts of the case be clear, the evidence is true and sufficient, the system of trial level relation and the system of investigating misjudged cases bring negative influence to the judicial adjudicators, the case record centralism leads to the incomplete debate of the evidence; The degree of freedom of judges is too high and there are basically no institutional restrictions. Based on the standard of proof power in three stages of criminal procedure need to be unified, the instability of evidence in criminal procedure needs to be regulated by the force of proof rule, and the receiver of the judicial decision agrees with the proof power rule. The adjudication method of case record centrism gives birth to the rules of proof power and the restriction of judicial personnel's free heart evidence, and so on. In Chinese judicial practice, it is necessary to construct the rules of proof power and establish the rule of negation of proof power. The rule of proof force subtraction, the rule of reinforcement of proof force and the rule of proof force priority.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.23
【参考文献】
相关期刊论文 前4条
1 李训虎;;证明力规则检讨[J];法学研究;2010年02期
2 陈瑞华;;非法证据排除的中国难题[J];中国改革;2010年07期
3 汪建成;孙远;;自由心证新论——“自由心证”之自由与不自由[J];证据学论坛;2000年00期
4 陈国亮;走出价值选择的困境——论我国刑事诉讼价值取向[J];中南民族大学学报(人文社会科学版);2004年03期
，本文编号：2232458
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2232458.html
