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刑事证明的主要问题是事实的证明问题,控辩双方经过举证和质证而提出的具有竞争性的命题并不必然为真,需要事实裁判者对形成的事实命题进行确证,从而形成确信的定案事实。事实的确信有着多维层面,排除合理怀疑的过程也是对事实进行不同层面的确证过程。以排除合理怀疑为标准的事实确证有三个层面:事实有无疑点需要逻辑与经验互动的表层验证,而怀疑是否合理需要主观与客观互动的中层验证,最终能否形成排除合理怀疑的心理确信则要接受国家与个人互动的深层验证。三个层面逐步深入,交互作用,共同构成了排除合理怀疑的动态界定路径。
The main problem of criminal proof is the proof of facts. The competing propositions proposed by both prosecutors and defense through evidence and evidence are not necessarily true. The fact judges are required to confirm the factual propositions formed, so as to form a firm conclusion. . The fact is convinced that there is a multidimensional level. The process of excluding reasonable suspicions is also a corroborating process at different levels of facts. There are three levels of factual confirmation in order to rule out reasonable suspicion. Whether there is any doubt about the fact requires superficial verification of the interaction between logic and experience, and whether the suspicion is reasonable requires the middle-level verification of the subjective and objective interactions and finally the formation of psychological conviction to rule out reasonable suspicion To accept the deep verification of the interaction between state and individual. The three levels are gradually deepening and interacting together to form a dynamic definition path that removes reasonable doubt.