1672-8505

CN 51-1675/C

构建“侦审分离”的证据采信机制——在以审判为中心的司法改革背景下

On Construction of Evidence Acceptance Mechanism Featured with "Separation of Investigation and Trial"—Against the Backdrop of Trial Centered Judicial Reform

  • 摘要: 以审判为中心的诉讼制度改革试图让事实认定与法律适用的问题在庭审过程中得到解决,以摆脱审判形式化的诟病。在以审判为中心的司法改革中,应构建“侦审分离”的证据采信机制,降低立案环节的证据标准、将审判环节中“重侦查证据”的形式化的证据采信机制转变为“一切证据以经庭审质证为准为先”的实质化的证据采信机制,同时不应因程序简化而弱化审判时的证明标准,而更应以审判时所坚守的证明标准去规范审前程序中证据的采集过程及程度。

     

    Abstract: "Trial centered" judicial reform tries to solve the problems of "fact-finding" and "law application" in the court hearing so as to end the public accusation of trial formality. Evidence acceptance mechanism featured with "separation of investigation and trial" should be constructed in the "trial centered" judicial reform. From lawsuit registration to investigation, evidence acceptance standard should be "tolerant on input strict on output"; In the process of trial, the formal evidence acceptance approach featured with focus on evidence collected during investigation should be transformed into a real evidence acceptance approach featured with focus on evidence proved during the court cross-examination; Meanwhile, when the simplified procedure is employed, the standards of proof in trial should, instead of being weakened, be upheld to guide the process and sources of evidence collection in pre-trial procedures.

     

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