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我国刑事证明的印证模式突出表现了如下特点,系争内容由不同来源的证据提供同一性印证、证明程度排他性要求可能促成采用灵活性取证手段等。《办理死刑案件证据规定》之中有多处关于审查证据、采信证据和对全案事实认定的“印证”条款,这些条款体现了如下特点:需要印证的对象——主要针对证人证言、被害人陈述、被告人供述和辩解等容易因为出庭而出现反复的证据形式以及间接证据;印证的目的——主要是解决庭审中翻证、翻供以及作证资格缺陷和利害关系人的证言效力问题;印证的条件错综复杂,而印证的效力有一种法定证据制度的痕迹,同时又因为其语言模糊而可能存在滥用裁量权的嫌疑。针对印证规定的限度,第一,需要把以量取胜和依靠主观真诚和正当程序为基础的以质取胜相结合;第二,需要把靠证据说话与辩论、说理和质证等形式的意见之争相结合。
The proof model of criminal proof in our country has the following characteristics prominently. The content of the dispute is evidenced by the evidence of different sources, and the requirement of proving the degree of exclusivity may lead to the adoption of flexible means of forensics. There are a number of “Confirmation” clauses in the “Provisions for Handling Evidence in Death Penalty Cases” that examine evidence, evidence of admissibility, and facts of the case. These Provisions contain the following features: Objects to be Confirmed - Mainly for Witness Testimony, Victim statements, defendants’ confession and excuse are likely to appear repeatedly evidence forms and indirect evidence due to appearing in court; the purpose of verification is mainly to solve the validity of witness testimony and evidence of defects in testimony and testimony in court; The conditions of the confirmation have a trace of the statutory evidence system and at the same time there may be suspicion of abuse of the discretionary power because of its vague language. First, there is a need to combine winning by quantity with winning by quality on the basis of due process of due diligence and due process. Second, there is a need to combine arguments based on evidence in the forms of argument, debate, reasoning and cross-examination Combine.