论我国刑事证明标准的现实选择:混合标准

目前刑事诉讼法学界在证明标准问题上存在着"客观真实"与"法律真实"的争论.这两种观点均未能全面把握刑事诉讼证明的两个阶段和双重属性,各有缺失.客观真实标准是最理想的证明标准,但我国目前还不具备实现单一的客观真实标准的条件,现实的选择是实行兼采客观真实与法律真实的混合标准.

The Realistic Choice of Standard of Proof in Criminal Procedure:Mixed Standard

There are two opposite viewpoints on standard of proof in criminal procedure: the "objective truth" doctrine and the "legal truth" doctrine. Both viewpoints fail to wholly grasp the double phases and attributes of proof in criminal procedure and so are unilateral. The standard based on "objective truth" is the most ideal standard of proof. However, the present conditions in China are not good enough for us to adopt the standard solely based on "objective truth". It seems that the realistic choice is to adopt the mixed standard based on both "objective truth" and "legal truth". Since the transformation is bound to occur from "legal truth" to "objective truth", we should make efforts to gradually accomplish the transition from the mixed standard to the standard solely based on "objective truth".