论诉讼证明的相对性

诉讼证明既是一种认识活动 ,又是一种诉讼行为 ,因此 ,除了应该遵循认识论的普遍规律外 ,还应接受程序法律和证据规则的调整和制约。认识本身的相对性和诉讼证明的特殊性决定了人们对案件事实的认识不可能达到与客观存在的案件事实完全一致、绝对真实的程度。基于诉讼证明的相对性原理 ,应当重塑我国刑事诉讼中定罪判决的证明标准 :其主观标准可以概括为“法官内心确信无疑” ,其客观标准则为“最大限度地符合或接近案件客观事实”。

On the Relativity of Proving In Litigation

Proof in judicial proceedings is a course of cognition as well as a judicial action. It follows the general rule of recognition as well as procedural law and evidence rules. The nature of recognition, which can be relatively true, and the standards of proof, which are required in judicial proceedings, are destined, i.e. human's knowledge on the facts of cases can never reach the degree of absolutely certainty. In keeping with the relativity rationale of judicial proof, we are of the opinion that a new proof standard for conviction in China's criminal justice should be established. Its subjective standard might be that “judge is convinced beyond doubt” and its objective standard “ to make the maximal consistence with the facts of cases.”