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近年来我国的刑事错案频频被媒体曝光,引发了学者们对刑事错案问题的广泛研究,但多数研究集中在审前阶段的侦查取证行为,忽视了庭审阶段对刑事错案发生的影响。由于在我国的庭审阶段缺乏对证据资格的严格审查,法庭证据调查程序流于形式,没能有效地起到去伪存真,探明事实真相的作用。而在严格证明理论下,所有进入到庭审阶段的证据都要经过证据资格审查和法庭证据调查程序,并且要求法官在庭审阶段充分利用法庭诘问探明事实真相。因此,为了有效防止错案发生,有必要运用严格证明理论进一步完善我国的庭审证明方式。
In recent years, the miscarriage of criminal cases in our country has been exposed by the media frequently, triggering extensive research on the misclassification of criminal cases by scholars. However, most of the researches focus on the investigation and evidence collection at the pretrial stage, ignoring the impact of the trial stage on miscrossed criminal cases. Due to the lack of a rigorous examination of the qualification of evidence in the trial phase of our country, the investigation procedure of forensic evidence is a mere formality, which fails to effectively play the role of excuse the existence of falsehood and ascertain the truth. Under the strict proof theory, all the evidences that have entered the trial phase go through the procedures of evidence qualification and forensic evidence investigation, and require the judge to make full use of court interrogations in the trial stage to find out the truth. Therefore, in order to effectively prevent the occurrence of wrongdoings, it is necessary to apply the strict proof theory to further improve the proof of trial in our country.