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2012年《刑事诉讼法》的再修改中,证据制度无疑是一个重点。证据制度是诉讼程序的核心内容,诉讼全过程便是围绕证据的收集、审查判断、运用以最终确定案件事实而展开,我国证据法律规范过于粗疏,不适应司法实践的需要,引发了较多问题,司法实践中冤假错案的主要原因也是证据存在问题导致的。本次刑事诉讼法修改涉及证据制度的多个内容:证据的定义和种类的增加、证人、鉴定人制度的完善、非法证据排除规则的建立、证据标准证明责任规范的细化等等。此外,民事诉讼法在证据立法、司法和证据科学理论与实践研究方面都取得了令人瞩目的成绩。立法领域的积极动态,引起了学界的广泛关注与积极回应,自诉讼法修正案的公布,至新法的出台、实施,出现了大量佳作,仅摘取部分以飨读者。
In the revisions to the 2012 Criminal Procedure Law, the system of evidence is undoubtedly a priority. The evidence system is the core content of litigation procedure. The whole process of litigation is the need to focus on the collection, examination and judgment of evidence, the application in order to finalize the facts of the case, the undue legal norms of evidence in our country and the inadequacies of judicial practice, causing more problems The main reason for the miscarriage of justice in judicial practice is also the result of the evidence. The revision of the Code of Criminal Procedure involves multiple elements of the evidence system: the definition and type of evidence is increased; the system of witnesses and appraisers is improved; the rule of exclusion of illegal evidence is established; and the elaboration of the responsibility standard of proof of evidence standards and so on. In addition, the Civil Procedure Law has made remarkable achievements in the research of the theory and practice of evidence legislation, judiciary and evidence science. The positive developments in the field of legislation have aroused widespread concern and positive response from academics. The publication of amendments to the self-procedural law and the promulgation and implementation of the new law have resulted in a great deal of excellent works and only some of them have been extracted to readers.