“两个证据规定”和修改后的《刑事诉讼法》对证据合法性、证明标准等都提出了新的更高要求,也对司法机关提出了挑战。近年来,命案因证据不足存疑不起诉、未被法院认定有罪的情况不断出现,不但引起了社会关注,也使司法机关面临巨大压力。这些案件暴露出侦查机关侦查取证合法性与规范性不足、检察机关审查起诉把关不严、审判机关对翻供现象认识不够客观,以及司法机关对证明标准把握不统一等问题。存在问题的原因是多方面的,既有意识层面的,也有司法能力层面的,还有工作机制层面的。因此,要提高命案案件的办案质量,需要不断强化证据裁判意识、提高办案专业化水平、深化内外部工作机制。 Both the Provisions of Evidence and the amended Code of Criminal Procedure have set new and higher requirements on the legitimacy of evidence and the standards of proof, and also pose challenges to the judiciary. In recent years, the murder case has not been prosecuted for lack of evidence and has not been found guilty by the courts. This has not only caused social concern but also put tremendous pressure on the judiciary. These cases have exposed the problems of the legitimacy and normativeness of investigation and evidence collection by the investigation authorities, the lax control of the prosecution by the procuratorial organs, the lack of objective understanding by the trial authorities of the refinancing phenomenon, and the inconsistency of the judicial standards on the certification standards. There are many reasons for the existence of problems, not only on the level of consciousness but also on the level of judicial capacity as well as on the working mechanism. Therefore, in order to improve the handling quality of murder cases, it is necessary to continuously strengthen the awareness of evidence adjudication, enhance the professionalism of case handling and deepen the internal and external working mechanisms.