非法言词证据疑难问题研究
发布时间：2019-02-23 10:52
【摘要】：对大多数刑事案件而言,受害人陈述、证人证言、被告人供述和辩解是破解刑事案件的核心和关键,也是证据体系的一项重要内容。因此,言词证据的搜集和适用就显得尤为重要,因为它关系着犯罪嫌疑人、被告人是否构成违法的事实,也有可能导致法官对案件真实情况的误判,因此有必要把好言词证据关。从2010年两个证据规定开始至2012年新刑事诉讼法,我国刑事诉讼法中正式引入非法证据排除规则,非法言词证据当然在排除之列。非法言词证据是指刑事诉讼中未经合法程序、正当方式而获得的言词类证据,不能被采信。所获取的非法言词证据在法律上无效,且实施非法取证行为的人还会因此而承担法律责任。针对言词证据在现实案件中出现的疑难问题,在当下法律对言词证据的规定不完善的情况下,为了减少因为刑讯逼供或者非法获取证人证言而导致错案的发生,有必要明确非法言词证据的界限范围以及发展趋势,对不合法的言词证据做到发现一个排除一个,因此,有必要对言词证据规则进行探讨研究。本文主要用三个章节来探究我国刑事非法言词证据出现的疑难问题。第一章首先是从一个真实的案例入手来探究言词证据在实践中是怎么被法官所判断、所采信,以及控辩双方在言词证据的证明力方面是如何进行反驳和巩固言词证据的证明力,为下文探讨言词证据在运作过程中的疑难问题及产生原因作铺垫。第二章是结合我国言词证据的范围和现行运行模式,对我国的言词证据暴露出的问题进行阐述并逐个分析为什么会产生这样的问题。力求通过对这些问题的解剖分析,为第三章的完善提出具体且有针对性的建议。第三章则从中国实际情况出发,对上一章提出的问题,结合国外相关言词证据构建方面的先进制度,进一步找出适合我们自己的可以完善言词证据体系的具体办法及救济措施。
[Abstract]:For most criminal cases, the statement of the victim, the testimony of the witness, the confession and the explanation of the defendant are the core and the key to solve the criminal case, as well as an important content of the evidence system. Therefore, the collection and application of verbal evidence is particularly important, because it is related to the criminal suspect, whether the defendant constitutes the fact of violation of the law, but also may lead to the judge's misjudgment of the true situation of the case. Therefore, it is necessary to close the proof of good words. From the beginning of the two evidential regulations in 2010 to the new Criminal procedure Law in 2012, illegal evidence exclusion rules are formally introduced into our Criminal procedure Law, and illegal verbal evidence is of course excluded. Illegal verbal evidence is a kind of evidence which can not be accepted without legal procedure and proper way in criminal proceedings. The obtained illegal verbal evidence is invalid in law, and the person who commits illegal evidence will bear legal responsibility for it. In view of the difficult problems of verbal evidence in real cases, in order to reduce the occurrence of wrong cases due to extortion of confessions by torture or illegal obtaining of witness testimony, in the current situation where the provisions of the law on verbal evidence are not perfect, It is necessary to clarify the limits of illegal verbal evidence and its development trend, and to find illegitimate verbal evidence one by one. Therefore, it is necessary to study the rules of verbal evidence. This article mainly uses three chapters to probe into the difficult problem of criminal illegal speech evidence in our country. The first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to refute and consolidate the testifying power of the verbal evidence from both the prosecution and the defense in the aspect of the proof power of the verbal evidence from a real case, the first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to use it. It lays the groundwork for the following discussion on the difficult problems and causes of the verbal evidence in the course of operation. The second chapter is the combination of the scope of Chinese verbal evidence and the current mode of operation to explain the problems exposed by Chinese verbal evidence and analyze why such problems arise one by one. Through the anatomical analysis of these problems, the author puts forward concrete and targeted suggestions for the perfection of Chapter three. The third chapter is based on the actual situation in China, to the problems raised in the previous chapter, combined with the advanced system of foreign relevant verbal evidence construction, and further find out the specific methods and relief measures that can perfect the verbal evidence system.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
[Abstract]:For most criminal cases, the statement of the victim, the testimony of the witness, the confession and the explanation of the defendant are the core and the key to solve the criminal case, as well as an important content of the evidence system. Therefore, the collection and application of verbal evidence is particularly important, because it is related to the criminal suspect, whether the defendant constitutes the fact of violation of the law, but also may lead to the judge's misjudgment of the true situation of the case. Therefore, it is necessary to close the proof of good words. From the beginning of the two evidential regulations in 2010 to the new Criminal procedure Law in 2012, illegal evidence exclusion rules are formally introduced into our Criminal procedure Law, and illegal verbal evidence is of course excluded. Illegal verbal evidence is a kind of evidence which can not be accepted without legal procedure and proper way in criminal proceedings. The obtained illegal verbal evidence is invalid in law, and the person who commits illegal evidence will bear legal responsibility for it. In view of the difficult problems of verbal evidence in real cases, in order to reduce the occurrence of wrong cases due to extortion of confessions by torture or illegal obtaining of witness testimony, in the current situation where the provisions of the law on verbal evidence are not perfect, It is necessary to clarify the limits of illegal verbal evidence and its development trend, and to find illegitimate verbal evidence one by one. Therefore, it is necessary to study the rules of verbal evidence. This article mainly uses three chapters to probe into the difficult problem of criminal illegal speech evidence in our country. The first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to refute and consolidate the testifying power of the verbal evidence from both the prosecution and the defense in the aspect of the proof power of the verbal evidence from a real case, the first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to use it. It lays the groundwork for the following discussion on the difficult problems and causes of the verbal evidence in the course of operation. The second chapter is the combination of the scope of Chinese verbal evidence and the current mode of operation to explain the problems exposed by Chinese verbal evidence and analyze why such problems arise one by one. Through the anatomical analysis of these problems, the author puts forward concrete and targeted suggestions for the perfection of Chapter three. The third chapter is based on the actual situation in China, to the problems raised in the previous chapter, combined with the advanced system of foreign relevant verbal evidence construction, and further find out the specific methods and relief measures that can perfect the verbal evidence system.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
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