ISSN 1008-2204
CN 11-3979/C

证据标准的具象维度与实践纠偏——兼论类案证据标准的数据化统一

Concrete Dimensions of Evidence Standard and Correction of Misunderstandings in Practice: On the Data-based Unification of Evidence Standard in Similar Cases

  • 摘要: 中国司法实践将证据标准混同于证明标准、充分性标准等事实认定的判准,不但使其偏离了本来意涵与功能,而且导致了"填鸭式"定罪等问题。证据标准包含单个证据审查标准和案件整体证据判准标准两个维度,是一种关于案件准许进入审判的最低证据门槛,既不同于主要决定案件事实的证明标准,更区别于次级决定的证据充分标准。类案证据标准的数据化统一,需要经过三步程序:类案证据标准的制定、数据化建模及将数据化证据标准模型嵌入公检法共享的计算机系统。然而,此种数据化统一过程则又可能诱发法定证据主义倾向、单项证据准入标准的自动校检难题以及现有技术缺陷导致的系统困境。

     

    Abstract: In Chinese judicial practice, evidence standard is confused with proof standard, adequency standard and other standards of fact-finding, which not only deviates from the original meaning and function of Chinese justicial practice, but also leads to the problems like "cramming" conviction. In fact, the evidence standard includes two concrete dimensions: the examination standard of single evidence and the judgment standard of all the evidence of a case, and serves as the minimum evidence threshold for a case to be admitted to trial. It is not only different from the proof standard for the primary decisions of the facts of a case, but also different from the adequency standard for the secondary decisions. The data-based unification of the evidence standard in similar cases needs to go through three steps: formulation of evidence standard in similar cases, data-based modeling, and embedding the data-based evidence standard model into the computer system shared by the public security organ, the procuratorate and the court. However, the data-based unification process may induce legal evidence doctrine, the problems of automatic verification of the admittance criteria of single evidence, as well as system failure caused by the defects of the existing technology.

     

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