古代证据意识在现代社会的折射

在行政司法合一的社会制度中,官方取证的职权意识强烈,刑讯逼供、亲属相隐等取证意识随之形成,在息讼、畏讼状态下,民众证据意识缺失。这些观念以传统文化的形式得以保留,并对现代中国仍然产生重要影响。现代中国诉讼制度中职权主义证据意识仍然具有影响力,厌讼意识和法律的缺失共同导致证人出庭作证率低。为此,必须从立法和公众意识等方面,强化证据观念,对传统证据意识进行批判地继承,以期促进法制化与和谐社会的建设。

Reflection of Evidence Awareness in Ancient Times in Modern Society

In the regime of combining administration and judicature,the authority awareness of officially obtaining evidence is getting stronger;the awareness of extorting confessions by torture and private concealment among domestic relations is coming into being.Under the condition of peaceful settlement or fear of lawsuits,the public is lack of evidence awareness.These concepts are retained in the form of traditional culture and still influential in modern China.The evidence awareness of authority doctrine in the litigation system of modern China is still in its position.Detestation of lawsuits and lack of law lead to low appearance rate of witness at court and issues of humanity are neglected in the system.Therefore,evidence awareness should be strengthened in aspects of legislation and public awareness and traditional evidence awareness should be inherited selectively in order to enhance legality and construction of harmonious society.