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我国审查起诉证据标准达成模式为印证模式,实践运用中出现孤证不能定案、相互印证即定案、犯罪数额就低不就高等形式化倾向,原因在于该模式在实践运作中出现异化、缺乏对单个证据审查判断的方法,并受现行案件质量标准和考评机制的影响。建议优先独立审查单个证据,综合审查、合理排除证据之间、证据与案件事实之间的矛盾,确立自由心证验证及补充原则。
The pattern of the evidence-based prosecution prosecution is the pattern of proof. The practice of applying the evidence of the problem can not be finalized and the evidence is finalized. The lower the amount of crime, the lower the formalization tendency. The reason is that the pattern alienates in practice and lacks of a single The method of evidence review and judgment is affected by the quality standards of the current case and the evaluation mechanism. It is suggested that priority should be given to independent review of individual evidences, comprehensive examination, reasonable removal of contradictions between evidences, evidences and facts of cases, and establishment of verification and supplementing principles for free proofs.