刑事诉讼中的司法证明规则

尽管刑事诉讼法在 1996年进行了较大规模的修订 ,对抗制开始引入中国刑事司法制度 ,但是司法证明机制并没有在这一制度中确立起来。结果 ,不仅控辩双方的诉讼对抗容易出现混乱 ,而且法官对于诉讼进程似乎拥有无限的自由裁量权。因此 ,在未来的刑事证据法中 ,必须重新构建证明对象、证明责任、证明标准规则 ,使得法庭审判真正保持最基本的诉讼形态。

On the judicial certification rules in criminal action

Although criminal procedural law went through revision at a comparatively large scale in 1996,and the adversary procedure was introduced to China at the same time, the judicial certification rules were not established in the system. As a result, not only the litigious confrontation between accusing party and defending party is apt to be in chaos, but also judge seems to have infinite right of discretion in the litigious process. Therefore, in the future criminal evidence law, the rules about object of proof, burden of proof and standard of proof should be reestablished, in order to keep the most basic litigious conformation.