米海依尔·戴尔玛斯-玛蒂是法国著名的刑法学教授,她力主改革,强调保障人权,是法国刑事法律改革派的主要代表。她主持了法国刑法和刑事诉讼法的修改工作。虽然后者大部分内容被废除,但其影响仍广泛存在。她撰写的《论刑事证据》,从比较欧洲法、德、意、英等国立法的角度入手,阐述了她对刑事证据法一系列原则性问题的看法。而且在文章中她认为不论英美的当事人主义或法德的职权主义的诉讼模式均有不足之处,应当建立一种吸收两者优点的新模式加以取代。为了配合学习、贯彻修改后的刑事诉讼法,特翻译此文发表,以飨读者。 Mihail Delmas-Marty is a famous professor of criminal law in France. She is the chief representative of French criminal law reformists with her advocacy of reform and emphasizing the protection of human rights. She presided over the revision of French criminal law and criminal procedure law. Although much of the latter has been repealed, its impact is still widespread. On the basis of comparing the legislation of European, German, Italian and British countries, “On Criminal Evidence” written by her elaborates on her views on a series of principled issues in criminal evidence law. And in the article, she believes that both the Anglo-American advocacy doctrine and the legal doctrine of litigation have inadequate litigation models. Instead, they should establish a new model that absorbs the advantages of both. In order to tie in with the study and implement the revised Criminal Procedure Law, this article is specially translated to readers.