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文章从我国首例民事上的宣告死亡作为刑事上认定犯罪事实的证据案件引起的争议谈起,对我国刑事诉讼中关于客观真实和法律真实的证明标准从理论和实践上进行客观缜密地辨析透视后,进一步引申和论证我国刑事诉讼证据规则应采取的现实标准:承认客观真实的证明程度是刑事诉讼证明的理想境界前提下,确立法律真实的证明理念,兼采客观真实与法律真实的证明标准,有助于缓解刑事诉讼证明的理想与现实之间的冲突,做到原则性与灵活性的统一,以期对我国刑事证据制度的立法有所启示。
The article begins with the first civil case of declaring death in our country as a case of criminal evidence of criminal facts, discusses objectively and critically in theory and practice the standard of proof of objective truth and law in criminal procedure of our country After that, we should further extend and demonstrate the practical standards that should be adopted in the evidence rules of criminal procedure in our country: the degree of the recognition of objective reality is the ideal state of criminal procedure proof, the establishment of the true proof of law, and the objective and objective proof It helps to alleviate the conflict between the ideal and the reality of the proof of criminal procedure and achieve the unification of principle and flexibility so as to enlighten the legislation of criminal evidence system in our country.