强奸案件证据标准与证明方法的实证分析

强奸案件的证据采信问题在司法实践中颇受争议,出现这种现象的主要原因在于其直接证据的稀缺。针对强奸案件的证据收集和运用中所存在一系列的疑难情形,司法机关不必追求证据之间无任何矛盾,而要从全案证据出发,采取"自由心证"与"相互印证"相结合的证明方法,并运用对质制度,做到完整证据链条支持下的内心确认即可。

The Empirical Study of Evidence Standards and Ways to Prove in Rape Cases

The admissibility of evidence in the rape cases has always aroused the dispute in practice, and the main reason is that the scarcity of the direct evidence caused by the confidential of the sexual behavior. To solve the problems in the evidence collection and implementation, the judiciary authorities don't have to pursue the evidence without any contradiction;instead, they should make full use of all evidence, taking"the inner conviction" and"the mutual corroboration" as the basic ways to prove. On this basis, the judges can apply the inner confirmation, supported by the complete evidence chain, to case decision with the help of confrontation system.