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我国关于匿名检举制度历经有罪到无罪、禁止到默认的演变历程,反映了立法者在自由、公平正义、社会秩序等不同的法律价值之间的抉择。目前,我国对匿名检举采取无罪不查,提供证据的证据不排除原则。从这一法律规制的效果来看,仅以江苏省为例,匿名检举案件就约占检察机关所有检举案件的七成,而这一比例还在微幅上升。但从我国关于匿名检举的现有政策来看,这一现象与我国立法的价值取向明显不符。
The system of anonymity prosecution in China after being guilty of innocence and banned to the default evolution reflects the legislator’s choice between different legal values such as freedom, fairness and justice, and social order. At present, our country has innocent votes against anonymous testimony and the evidence provided by the evidence does not rule out the principle. Judging from the effect of this legal regulation, only Jiangsu Province as an example, 70% of all the cases prosecuted by the prosecutorial authorities were reported anonymously, and the proportion is still rising slightly. However, judging from the existing policy on anonymous petition in our country, this phenomenon is obviously inconsistent with the value orientation of our country’s legislation.