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证据是刑事诉讼的核心和基础,刑事诉讼过程实际上是围绕证据的收集、审查、判断和运用的过程,因此,良好的刑事证据制度对保证刑事诉讼的正确运行极其重要。1996年修改的刑事诉讼法在证据制度上取得了一些突破,但仍遗留了不少问题,以致司法实践中不时暴露出一些新问题,在一定程度上影响了刑事诉讼的“公正与效率”。这些问题的出现不能仅仅认为是司法人员执法观念的偏差,我们还是要从刑事证据制度本身去寻找根源,探求解决的方法。本文试从现代刑事证据制度的价值观念转变、现行证据制度存在的问题和修改建议方面,略陈管见。
Evidence is the core and foundation of criminal procedure. The process of criminal procedure is actually the process of collecting, examining, judging and using evidence. Therefore, a good criminal evidence system is very important to ensure the correct operation of criminal procedure. The Criminal Procedure Law amended in 1996 made some breakthroughs in the evidence system, but many problems remained. As a result, some new problems were exposed from time to time in judicial practice, which affected the “fairness and efficiency” of criminal procedure to a certain extent. ". The emergence of these problems can not only be regarded as a deviation of the concept of law enforcement officials. We should also look for the root causes from the system of criminal evidence and look for solutions. This article attempts to change from the values of the modern criminal evidence system, the existing problems of the evidence system and suggestions for amendment, and give some advice.