庭审证据调查研究

两大法系的审判模式决定了其各自庭审证据调查制度的特色,而传统中国刑事诉讼一直以大陆法系职权主义为模板,因此在保留大陆法系职权主义庭审证据调查制度的基础上适当借鉴英美法系庭审证据调查制度的合理因素,是中国刑事诉讼庭审证据调查制度改革路径的必然选择。具体的改革思路是(:一)贯彻“以听证为主、调查为辅”的原则(;二)在启动机制方面:规定以当事人申请为原则、以职权为例外(;三)对职权调查的限制措施包括:调查的范围、调查的程度以及调查的方式和结果的认证。

A Research on Evidence Investigation of Court Adjudication

The trial modes of two fundamental law departments have determined their characteristics of the investigation system on evidence of court adjudication,and traditional China's criminal suit has regarded the authority doctrine of Continent law as its template all the time.So the inevitable option of reform routes to the evidence investigation of court adjudication in China's criminal suit is to base on the authority doctrine of the Continent law in investigation system of court adjudication with some proper borrowing-in of the reasonable factors of court adjudication in British and U.S.law system.The thoughts of reform are as follows: first,to carry out the principle of " taking hearing as the core,regarding investigation as complementary ";second,on the aspect of initiating the mechanism: to stipulate the principle that the party applies,to regard authority doctrine as the exception;third,the limitation measures on powers of office include: the scope and degree of investigation,and the attestation of the results.