听证事实主义及其局限性——以刑事诉讼为视角

听证事实主义强调法院的裁判要以法庭听证的事实为依据,强调审判的直接性和亲历性,因而被广泛认同。但是,听证事实主义在当代,既有制度环境上的局限,也有来自生物智能的挑战。我国刑事诉讼法在修改时应当认识并注意克服这些局限性。

Hearing Factualism and Its Limitations——From the Angle of Criminal Action

Hearing factualism has been approved widely,which emphasizes that the adjudication from the court should base on the facts heard in the court and that the trial should be direct and the parties perform it in person.However,in contemporary time,hearing factualism is not only limited by the institutional environment,but also challenged by biological intelligence.These limitations should be recognized and overcome when we amend the criminal procedure law of our country.