刑事诉讼中,司法人员认定案件事实必须以证据为依据,然而,侦查机关以情况说明来强化、补充证据,加强法官内心确信的方式在实践中被大量运用的做法,值得关注。刑事诉讼法规定的法定证据种类里并无情况说明这一形式,而审判中又必须依赖于情况说明来解决相关问题。但对于情况说明的定位及如何使用,理论界、司法实务界认识不一。笔者对这一问题进行探 In criminal proceedings, the judicial personnel must consider the facts of the case as the basis for evidence. However, it is noteworthy that the investigating organ should make extensive use of facts to reinforce and supplement evidence and strengthen the method of confidence in the judge in practice. There is no circumstantial explanation of this form in the categories of statutory evidence under the Code of Criminal Procedure, which must be relied upon at the trial to address relevant issues. However, the understanding of the position and how to use the situation shows that the theoretical circles and the judicial community have different opinions. I explore this issue