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两大法系的刑事审判认证制度各具特色,表现在认证主体、认证模式、认证标准及认证方式等方面。对它们进行比较的目的在于借鉴其成功立法经验,完善我国刑事审判认证制度:即我国刑事审判的认证主体为审判人员;确立法定认证与自由认证相结合的刑事审判认证模式;设立“排除合理怀疑”的刑事审判认证标准;建立以当庭认证为主、裁判认证为辅的“双轨制”认证方式。
The system of criminal trial and accreditation in the two legal systems has its own characteristics, which are manifested in the subjects of accreditation, modes of accreditation, standards of accreditation and modes of accreditation. The purpose of comparing them is to learn from the successful experience of legislation and improve the criminal trial and certification system in China: that is, the main body of the criminal trial in our country is the judge; establish the criminal trial and certification model combining legal and free certification; Doubts “criminal trial certification standards; the establishment of court-based authentication, referee certification supplemented ” two-track system "certification.