论刑事庭审中的证据调查范围

刑事庭审中证据调查的范围对案件事实的认定起着决定性的作用。实体真实理论、程序正义理论和裁判事实可接受性理论为确定证据调查的范围奠定了理论基础。鉴于我国法律对证据调查范围的规定不明确，司法实践中又太随意的现状，在确定证据调查的范围时，应当借鉴国外的立法、司法经验，确立以控辩双方协商为主，法官以职权为补充程序规则。

On the Scope of Evidence Investigation in the Criminal Trial

It plays a decisive role to find the facts of the case that there is a clear scope of evidence investigation in the criminal trial.Three theories have laid the theoretical foundation to establish the scope of the evidence investigation,that is entities true theory,theory of procedural justice and the magistrate facts to determine acceptable.As the scope of the evidence investigation has not been clear in China's law,and too arbitrary in judicial practice.To determine the scope of evidence investigation,we should establish a procedural rule of a consultations to determine mainly by both sides,the judge's recommendations as additional comments,to learn from foreign legislative,judicial experience.