论我国刑事证据分类模式的缺陷及其完善

各国刑事诉讼或证据立法中规定的证据种类,是司法人员收集、审查和判断证据的重要依据,也是健全和完备证据规则的重要参照。各国的证据形式主要可以分为开放型证据形式、半封闭型证据形式和封闭型证据形式等三种模式,不同模式的证据形式在司法效率和探明案件真相方面存在差异,而不同证据分类模式下对物证、书证、证人证言、侦查笔录、视听资料等主要证据形式及其适用证据规则的异同,对完善我国刑事证据形式有积极的借鉴意义。

On the Defects and Perfecting of Chinese Criminal Evidence Categorize Mode

The kind of criminal evidence stipulated in the legislation of criminal suit or evidence in various countries is the important basis for the judicial personnel to collect, examine and judge the evidence, and is also the important reference for sound and complete evidence. The evidence forms of various countries can be divided into three kinds of modes, such as evidence form of a style of opening, semi-closed type evidence form and sealing type, etc. Mainly, the evidence form of different modes has differences in judicial efficiency and verifying the case truth and the material evidence under different modes of classification of evidence, documented evidence, witness testimony, investigation records, audiovisual material and other main evidence forms. The similarities and differences of suitable evidence rules have positive referential meanings in perfecting the criminal evidence form of our country.