非法言詞證據(jù)疑難問題研究
發(fā)布時間：2019-02-23 10:52
【摘要】：對大多數(shù)刑事案件而言,受害人陳述、證人證言、被告人供述和辯解是破解刑事案件的核心和關(guān)鍵,也是證據(jù)體系的一項(xiàng)重要內(nèi)容。因此,言詞證據(jù)的搜集和適用就顯得尤為重要,因?yàn)樗P(guān)系著犯罪嫌疑人、被告人是否構(gòu)成違法的事實(shí),也有可能導(dǎo)致法官對案件真實(shí)情況的誤判,因此有必要把好言詞證據(jù)關(guān)。從2010年兩個證據(jù)規(guī)定開始至2012年新刑事訴訟法,我國刑事訴訟法中正式引入非法證據(jù)排除規(guī)則,非法言詞證據(jù)當(dāng)然在排除之列。非法言詞證據(jù)是指刑事訴訟中未經(jīng)合法程序、正當(dāng)方式而獲得的言詞類證據(jù),不能被采信。所獲取的非法言詞證據(jù)在法律上無效,且實(shí)施非法取證行為的人還會因此而承擔(dān)法律責(zé)任。針對言詞證據(jù)在現(xiàn)實(shí)案件中出現(xiàn)的疑難問題,在當(dāng)下法律對言詞證據(jù)的規(guī)定不完善的情況下,為了減少因?yàn)樾逃嵄乒┗蛘叻欠ǐ@取證人證言而導(dǎo)致錯案的發(fā)生,有必要明確非法言詞證據(jù)的界限范圍以及發(fā)展趨勢,對不合法的言詞證據(jù)做到發(fā)現(xiàn)一個排除一個,因此,有必要對言詞證據(jù)規(guī)則進(jìn)行探討研究。本文主要用三個章節(jié)來探究我國刑事非法言詞證據(jù)出現(xiàn)的疑難問題。第一章首先是從一個真實(shí)的案例入手來探究言詞證據(jù)在實(shí)踐中是怎么被法官所判斷、所采信,以及控辯雙方在言詞證據(jù)的證明力方面是如何進(jìn)行反駁和鞏固言詞證據(jù)的證明力,為下文探討言詞證據(jù)在運(yùn)作過程中的疑難問題及產(chǎn)生原因作鋪墊。第二章是結(jié)合我國言詞證據(jù)的范圍和現(xiàn)行運(yùn)行模式,對我國的言詞證據(jù)暴露出的問題進(jìn)行闡述并逐個分析為什么會產(chǎn)生這樣的問題。力求通過對這些問題的解剖分析,為第三章的完善提出具體且有針對性的建議。第三章則從中國實(shí)際情況出發(fā),對上一章提出的問題,結(jié)合國外相關(guān)言詞證據(jù)構(gòu)建方面的先進(jìn)制度,進(jìn)一步找出適合我們自己的可以完善言詞證據(jù)體系的具體辦法及救濟(jì)措施。
[Abstract]:For most criminal cases, the statement of the victim, the testimony of the witness, the confession and the explanation of the defendant are the core and the key to solve the criminal case, as well as an important content of the evidence system. Therefore, the collection and application of verbal evidence is particularly important, because it is related to the criminal suspect, whether the defendant constitutes the fact of violation of the law, but also may lead to the judge's misjudgment of the true situation of the case. Therefore, it is necessary to close the proof of good words. From the beginning of the two evidential regulations in 2010 to the new Criminal procedure Law in 2012, illegal evidence exclusion rules are formally introduced into our Criminal procedure Law, and illegal verbal evidence is of course excluded. Illegal verbal evidence is a kind of evidence which can not be accepted without legal procedure and proper way in criminal proceedings. The obtained illegal verbal evidence is invalid in law, and the person who commits illegal evidence will bear legal responsibility for it. In view of the difficult problems of verbal evidence in real cases, in order to reduce the occurrence of wrong cases due to extortion of confessions by torture or illegal obtaining of witness testimony, in the current situation where the provisions of the law on verbal evidence are not perfect, It is necessary to clarify the limits of illegal verbal evidence and its development trend, and to find illegitimate verbal evidence one by one. Therefore, it is necessary to study the rules of verbal evidence. This article mainly uses three chapters to probe into the difficult problem of criminal illegal speech evidence in our country. The first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to refute and consolidate the testifying power of the verbal evidence from both the prosecution and the defense in the aspect of the proof power of the verbal evidence from a real case, the first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to use it. It lays the groundwork for the following discussion on the difficult problems and causes of the verbal evidence in the course of operation. The second chapter is the combination of the scope of Chinese verbal evidence and the current mode of operation to explain the problems exposed by Chinese verbal evidence and analyze why such problems arise one by one. Through the anatomical analysis of these problems, the author puts forward concrete and targeted suggestions for the perfection of Chapter three. The third chapter is based on the actual situation in China, to the problems raised in the previous chapter, combined with the advanced system of foreign relevant verbal evidence construction, and further find out the specific methods and relief measures that can perfect the verbal evidence system.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D925.2
[Abstract]:For most criminal cases, the statement of the victim, the testimony of the witness, the confession and the explanation of the defendant are the core and the key to solve the criminal case, as well as an important content of the evidence system. Therefore, the collection and application of verbal evidence is particularly important, because it is related to the criminal suspect, whether the defendant constitutes the fact of violation of the law, but also may lead to the judge's misjudgment of the true situation of the case. Therefore, it is necessary to close the proof of good words. From the beginning of the two evidential regulations in 2010 to the new Criminal procedure Law in 2012, illegal evidence exclusion rules are formally introduced into our Criminal procedure Law, and illegal verbal evidence is of course excluded. Illegal verbal evidence is a kind of evidence which can not be accepted without legal procedure and proper way in criminal proceedings. The obtained illegal verbal evidence is invalid in law, and the person who commits illegal evidence will bear legal responsibility for it. In view of the difficult problems of verbal evidence in real cases, in order to reduce the occurrence of wrong cases due to extortion of confessions by torture or illegal obtaining of witness testimony, in the current situation where the provisions of the law on verbal evidence are not perfect, It is necessary to clarify the limits of illegal verbal evidence and its development trend, and to find illegitimate verbal evidence one by one. Therefore, it is necessary to study the rules of verbal evidence. This article mainly uses three chapters to probe into the difficult problem of criminal illegal speech evidence in our country. The first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to refute and consolidate the testifying power of the verbal evidence from both the prosecution and the defense in the aspect of the proof power of the verbal evidence from a real case, the first chapter is to explore how the verbal evidence is judged by the judge in practice, and how to use it. It lays the groundwork for the following discussion on the difficult problems and causes of the verbal evidence in the course of operation. The second chapter is the combination of the scope of Chinese verbal evidence and the current mode of operation to explain the problems exposed by Chinese verbal evidence and analyze why such problems arise one by one. Through the anatomical analysis of these problems, the author puts forward concrete and targeted suggestions for the perfection of Chapter three. The third chapter is based on the actual situation in China, to the problems raised in the previous chapter, combined with the advanced system of foreign relevant verbal evidence construction, and further find out the specific methods and relief measures that can perfect the verbal evidence system.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D925.2
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