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合理怀疑是对全案证据状况的主观评价,是对证明程度的判定,而不是对客观事物的定性判定,具有抽象性、经验性特征。但是,作为一项规则,排除合理怀疑也应当具有明确性。我国刑事诉讼法一定限度地吸纳了排除合理怀疑规则的内容,主要受制于以下原因:法典传统与演绎思维模式下证明体系的制约,民众对实质正义的追求倾向于结果导向而非过程导向,刑事犯罪率高发态势,民众对打击犯罪的强烈愿景,使得疑罪从无原则至心理习惯之间尚存巨大差距。在刑事诉讼活动中,运用排除合理怀疑规则,需要避免忽视规则的诉讼价值倾向和滥用规则质疑权倾向。
Reasonable doubt is the subjective evaluation of the whole case of evidence, which is the judgment of the degree of proof, rather than the qualitative judgment of objective things, with abstract and empirical characteristics. However, as a rule, the exclusion of reasonable doubt should also be clear. The criminal procedural law in our country, to a certain extent, absorbs the content of excluding reasonable suspicion rules mainly due to the following reasons: the restriction of the proof system in the traditional and deductive thinking modes of Codex, the people’s pursuit of substantive justice tends to be outcome-oriented rather than process-oriented, and criminal The high incidence of crime, the public’s strong desire to crack down on crime, leaving a huge gap between the principle of doubt and psychological habit. In criminal proceedings, the use of rules to exclude reasonable doubt, need to ignore the tendency to ignore the values of the rules and abuse of the right to challenge the rules.