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控辩式的庭审方式增强了公诉与辩护的对抗性,对刑事证据提出了严格的要求,公诉人的举证责任明显地加重。部分侦查人员由于对刑事证据标准认识不到位,在收集证据时往往出现取证不力、证据矛盾、证据缺乏证明力等问题,导致审查起诉工作难度加大,出庭支持公诉有时陷入被动,直接影响了公诉质量。本文指出应积极探索公诉引导侦查的工作机制,建立一种完善的取证机制,才能确保公诉效果,维护司法公正。
The prosecution and defense trial enhanced the confrontation between public prosecution and defense, put forward strict requirements on criminal evidence, and the prosecutor’s burden of proof was obviously aggravated. Because some investigators are not aware of the standard of criminal evidence, there are often some problems such as lack of evidence collection, evidence contradiction and lack of evidence to collect evidence. As a result, it is more difficult to examine and prosecute, and public support for public prosecution sometimes falls into a passive state, which directly affects the public prosecution quality. This paper points out that we should actively explore the working mechanism of public prosecution to guide the investigation and establish a perfect evidence collection mechanism to ensure the effectiveness of public prosecution and safeguard the judicial impartiality.