刑事诉讼事实研究

“以事实为根据，以法律为准绳”是我国刑事诉讼法的基本原则，也是我国的一项法制原则。什么叫事实？传统理论和司法实践一般将其理解为案件本身的客观事实，随着程序正义观念的加强，在现实的刑事诉讼中，不仅案件事实，而且程序事实、证据本身真伪性的事实，也纳入了证明范围。因此，刑事诉讼中的事实，应当包括在诉讼中具体体现的案件事实、程序事实和证据事实，并在事实推理的基础上，达到作为审判结果的法律事实。

Research on Criminal Litigation Fact

＂Based on fact and taken the law as criterion ＂,which is both a basic principle of the criminal procedural law of our country and a basic judicial principle of our country. What is the fact？ It is generally called objective fact of the case in the traditional theory and judicial practice. With the enhancement of the just idea of the procedure, not only the case fact, but also the procedure fact and evidence of its true and false fact are also proved in realistic criminal suit. So the fact in criminal suit should include case fact, procedure fact and evidence fact, and based on the fact reasoning, so as to reach the legal fact of the trial result.