《证据为王》内容简介
本书按照“证据收集→证据审查→证据运用→证据判断”的逻辑顺序,将证明对象、证据能力、证明力、证明责任、证明标准等证据法理论要素加以结构化,统一纳入“阶层式”判断体系之中。结合刑事犯罪结构与犯罪态势的变化,提炼出“如何证明定罪事实”“如何优先审查客观性证据”“如何建立间接证据体系”“如何把握‘排除合理怀疑’”等九大疑难问题进行研讨。选取最高人民法院和最高人民检察院发布的指导性案例、典型案例、《刑事审判参考》所载案例等,通过“基本案情”和“证据分析”展现心证形成过程,为司法人员查明、认定案件事实提供参考借鉴。
作者简介
杜邈:北京市人民检察院第四检察部主任,法学博士,第二届首都十大杰出青年法学家。先后主持国家社会科学基金青年项目、Z高人民检察院检察理论研究课题等多项课题;著有《反恐刑法立法研究》等;在《政法论坛》《法学》《中国刑事法杂志》《国家检察官学院学报》等刊物发表论文多篇。
"Evidence is King" content introduction
According to the logical sequence of "evidence collection → evidence review → evidence application → evidence judgment", the book structured the theoretical elements of evidence law such as object of proof, evidence ability, proof power, proof responsibility, proof standard, and so on, and integrated them into the "hierarchical" judgment system. Combined with the change of criminal structure and crime situation, nine difficult problems such as "how to prove conviction facts", "how to give priority to examining objective evidence", "how to establish indirect evidence system" and "how to grasp" beyond reasonable doubt "are refined for discussion. Guiding cases, typical cases, and cases contained in Criminal Trial Reference issued by the Supreme People's Court and the Supreme People's Procuratorate are selected to show the formation process of heart evidence through "basic facts" and "evidence analysis", so as to provide reference for judicial personnel to identify and identify case facts.
About the author
Dou Miao: Director of the Fourth Procuratorial Department of Beijing Municipal People's Procuratorate, Doctor of Law, the second Capital Ten Outstanding Young Jurists. He has presided over a number of projects such as the Youth Project of the National Social Science Foundation and the procuratorial theory research project of the Zhigh People's Procuratorate. He is the author of "Anti-terrorism Criminal Law Legislation Research" and so on. He has published many papers in journals such as "Forum on Politics and Law", "Law", "China Journal of Criminal Law", and "Journal of the National Academy of Prosecutors".