论勘验、检查笔录的采用标准

勘验、检查笔录的采用标准是我国刑事证据制度问题研究中一个不可或缺的组成部分,是法官对某特定的勘验、检查笔录是否可以作为“定案的根据”行使自由裁量权的依据,是勘验、检查人员制作勘验、检查笔录的“行动指南”,也是刑事诉讼参与人质疑其能否作为“定案根据”的依据。从关联性、客观性和合法性三个方面探讨勘验、检查笔录的采用标准,以期为刑事诉讼实践,尤其是勘验、检查主体制作笔录提供理论方面指导。

Norms Adopted in Investigating and Examing the Record

The norm adopted in investigating and examing the record is an indispensable part in studying criminal evidence system. Judges use it to decide whether the records can serve as evidence and the investigators take it as the guide to direct their action. The norm also serves as the base when participants in criminal procedure dout the reliability of the record. The writer discusses the norm from three aspects, that is, relevance, objectivity and legal validity in order to guide the practice of criminal procedure and provide theoretical support for making records.