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从原则的形成过程与背景来看,实事求是主要是一种学习态度与工作方法,而不是一种目标。近年来,随着刑事诉讼法学研究的深入发展,实事求是原则在刑事诉讼中不断受到质疑,不少人把刑事诉讼中存在的诸多问题都归责于实事求是原则的坚持。其实,我国刑事诉讼中之所以存在这样或那样的问题,原因不在于实事求是原则的坚持,而在于将实事求是误认为一种价值目标来追求,在于我国刑事诉讼法的价值目标设置不合理,重打击犯罪,轻人权保护。解决这些问题的出路在于准确认识实事求是原则的性质与定位,重新合理安排刑事诉讼法的价值目标体系,而不是抛弃实事求是原则。在刑事诉讼法的研究以及刑事诉讼的立法与司法中,我们应当继续坚持实事求是原则,但应当受到所要实现的刑事诉讼价值目标的合理限制。
Judging from the formation process and background of the principle, seeking truth from facts is mainly a learning attitude and working method, not an objective. In recent years, with the further development of the study of criminal procedure jurisprudence, the principle of seeking truth from facts is constantly being questioned in criminal proceedings. Many people have blamed many existing problems in criminal proceedings on the principle of seeking truth from facts. In fact, the reason why there are such problems in our country’s criminal litigation lies not in the persistence of the principle of seeking truth from facts, but in the fact that seeking truth from facts is a kind of value goal, that is, the value goal of criminal procedure law in our country is set unreasonably and the heavy blow Crime, light human rights protection. The solution to these problems lies in accurately understanding the nature and positioning of the principle of seeking truth from facts, and re-arranging the value target system of criminal procedure law rather than abandoning the principle of seeking truth from facts. In the study of criminal procedure law and the legislation and judicature of criminal procedure, we should continue to adhere to the principle of seeking truth from facts, but should be reasonably restricted by the goal of value of criminal procedure to be realized.