证据是诉讼的基础,也是诉讼的灵魂,是保证案件质量的生命线。刑事诉讼活动主要围绕证据进行。我国刑事诉讼法虽然对证据的收集、审查、运用等方面作了较为系统的规定,1996年全国人大常委会又对《刑事诉讼法》作了全面修改。但在证据规则方面,法典中仍然只是原则性规定,没有统一的刑事证据规则。随着十多年来社会生活的发展变化,这种情况已经难以适应司法实践的需要。特别是2007年1月最高法院统一行使死刑案件核准权以来,虽然这项改革进展顺利,死刑案件质量提高明显,但同时也从中发现了不容忽视的问题。一些案件在事 Evidence is the basis of the lawsuit and the soul of the lawsuit. It is the lifeline of guaranteeing the quality of the case. Criminal proceedings mainly focus on evidence. Although China’s Criminal Procedure Law made more systematic provisions on the collection, examination and use of evidence, the Standing Committee of the National People’s Congress made an overall revision of the Criminal Procedure Law in 1996. However, as to the rules of evidence, the Code still contains only the principle provisions and no uniform criminal evidence rules. With the development and changes of social life in more than a decade, this situation has become difficult to meet the needs of judicial practice. In particular, since January 2007, when the Supreme People’s Court exercised its authority to approve death penalty cases, although the reform was progressing smoothly and the quality of death penalty cases improved significantly, problems that could not be neglected were found out. Some cases are at work