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当前补强证据规则已经具有不再局限于刑事法领域的整体意义和价值了,但学术界对补强规则所内含的基本内容之理解还极其混乱,并影响了对补强规则的理解和执行,制约补强规则体系的建立与完善。补强规则理论依据的研究,直接影响对补强规则之属性的理解,从而成为理解补强规则具体内容的基础。通过分析英美的具体补强证据规则,可以断言补强证据规则的依据都是特定的社会政策,社会政策可以为立法概括的属性,决定补强规则应当是证据能力规则。
The current rules of reinforcement evidence already have the overall meaning and value that are no longer confined to the field of criminal law. However, the understanding of the basic content contained in the reinforcement rules by academics is still very confusing and has an influence on the understanding of reinforcement rules Implementation, control and strengthening the establishment and improvement of rules and systems. The study of the theoretical basis of reinforcement rules directly affects the understanding of the attributes of reinforcement rules and thus becomes the basis for understanding the concrete content of reinforcement rules. By analyzing the specific rules of evidence reinforcement in the Anglo-American system, it can be asserted that the evidences for reinforcing evidence rules are all specific social policies. Social policies can be attributes summarized by legislation. Decisions to reinforce rules should be evidence rules of competency.