被告人供述是我国刑事诉讼法规定的法定证据种类之一。在共同犯罪案件中经常出现共同犯罪案件中的一被告人口供被用于证实另一被告人有罪,甚至互证有罪的情况。但是共同被告人在庭外的供述是否具有证据能力,我国现行法律没有做出明确规定。英美法系以及大陆法系国家均有明确而具体的原则、规定。我国有必要借鉴国外先进立法例,建立健全我国关于庭外共同被告人供述的相关制度和原则。大陆法系的直接言词原则及其例外应当成为我国日后改革的方向。我国可以借鉴和移植日本刑事诉讼法的规定,明确规定直接言词原则,同时规定一些例外。 The confession of the defendant is one of the types of legal evidence stipulated in the Criminal Procedure Law of our country. It is often the case in common crimes that a defendant in a common crime case is used to prove guilt or even mutual guilt in another accused person. However, whether the confession of the co-defendants outside the court has the ability of evidence has not been clearly stipulated in our current law. Common law countries and civil law countries have clear and specific principles and provisions. It is necessary for our country to learn from the advanced legislation of other countries to establish and improve the relevant systems and principles in our country about the confession of the common defendants outside court. The principle of direct speech in the civil law system and its exception should become the direction of our country’s future reforms. My country can learn from and transplant the provisions of the Japanese Code of Criminal Procedure, clearly stipulate the principle of direct speech, and provide some exceptions at the same time.