刑事证据制度重点问题实施状况调研报告

2012年新刑诉法增加非法证据排除规则、庭前会议制度、证人出庭作证等条款，这对保障犯罪嫌疑人、被告人、证人等主体权益有着积极意义，但其中也有亟需解决的问题。在非法证据排除程序方面，首先需要明确“非法证据”的范围，促使法院敢于适用排除程序，将其与侦查谋略等区分开来，也需妥善处理重复自白材料和纪检部门取得材料之适用等问题；庭前会议制度中，首先要通过立法来解决其能否处理实质问题，细化该制度的具体流程以便法院的执行；在证人出庭方面，则需要细化强制证人到庭、证人保护等制度以增强其可行性，明确侦查人员出庭的角色与程序，进一步健全鉴定人出庭制度。

Field research report on the important problems of criminal evidence system

The application of evidence provisions in the 2012 new Criminal Procedure Law, such as exclusionary rule, meeting before trial and witnesses testifying in court, has a positive influence on safeguarding the interests of criminal suspects, defendants, witnesses; however, there are some urgent problems to solve. On exclusionary rule, firstly the scope of ＂illegal evidence＂ needs to be defined, encouraging the court to apply it; it is supposed to be separated from the investigation strategy and the application of repeated confession materials and materials that obtained by disciplinary inspection department ought to be handled well. On meeting before trial, legislation should be put in the first place to deal with the substantive problems and the specific procedure should be refined to facilitate the court execution. On witnesses testifying in court, compulsory appearance and protecting system need more details to promote its feasibility; the role and the procedure of investigators appearance in court should be cleared and witness expert appearance in court ought to be improved.