在构建证据为中心的刑事指控体系视域下排除合理怀疑规则的司法适用路径研究

Research on the Judicial Application Path of Excluding Reasonable Doubt Rule from the Perspective of Constructing the Evidence-Centered Criminal Prosecution System

摘要: 合理排除怀疑规则在理论上有着非常好的立法导向，但在司法实践中却出现了偏移。排除合理怀疑规则诞生之初是为了收缩、限制国家的刑罚权力，避免国家权力过大。在处理疑难案件的过程中，对于证据瑕疵排除合理怀疑规则的适用程度的理解还处于一个探索阶段，司法机关适用该规则的自由裁量权难以把握。作为刑事证明标准中的新事物，该项规定的性质还是属于原则性规定，具有抽象性和模糊性，仍需要进一步优化。通过司法实践中的一个案例，以小见大引发思考，然后借助于排除合理怀疑规则的合理性分析探讨出这一规则具有正当性基础，在排除合理怀疑规则的适用过程中也出现了刑事证明客观化贯彻不足、价值取向标准规范性欠缺等问题，制约其效用的更大发挥，为此笔者想要通过贯彻刑事证明客观化、适用功利主义规范性标准等措施使排除合理怀疑规则重新焕发其活力，回归到立法者设想的正轨上。

Abstract: The rule of reasonable exclusion of suspicion in theory has a very good legislative guidance, but in judicial practice, there has been a deviation. The rule of excluding reasonable doubt was born in order to shrink and limit the state’s penal power to avoid the state’s power being too large. In the process of handling difficult cases, the understanding of the applicability of the rule of excluding reasonable doubt on flaws in evidence is still at an exploratory stage, and the discretion of the judiciary to apply the rule is difficult to grasp. As a new thing in the criminal standard of proof, the nature of this provision is still in principle, abstract and fuzzy, and still needs to be further optimized. In this paper, first of all, through a case in judicial practice to cause thinking, and then with the help of the rule of reasonable doubt to remove the rationality of the rule is a legitimate basis, and secondly, in the process of application of the rule of excluding reasonable doubt, there are also some problems, such as the lack of carrying out the objectification of criminal proof and the lack of standardization of value-oriented standard, which restrict the exertion of its effectiveness, therefore, the author wants to revive the rule of reasonable doubt by implementing the objectification of criminal proof and the application of utilitarianism standards, so as to return to the right track that legislators have envisaged.