清代立法规定刑事案件的事实认定应当以当事人及证人陈述为依据,而有罪事实的认定则还应有被告人对犯罪行为的承认及证据证明,司法理论更加强调证据的重要性,司法实践表明刑事案件的事实认定与立法及司法理论大体一致,但这种一致性更可能是表面现象。 The factual determination of criminal cases stipulated by legislation in the Qing Dynasty should be based on the statements of the parties and witnesses, while the cognizance of the guilty fact should also be recognized by the defendant on criminal acts and proof of evidence. Judicial theory emphasizes the importance of evidence more. Judicial practice shows The factual determination of criminal cases is generally in accordance with the legislative and judicial theories, but such consistency is more likely to be superficial.