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刑事诉讼法规定什么是证据,与是否具有证据资格进行的审查判断并不矛盾。证明所要达到的程度是证明标准而非证据标准。坚持客观真实标准,坚持客观真实的可知性,尽可能地追求客观真实,最大限度地满足法律要求的犯罪构成条件和程序性条件,更有利于防止疑案,减少错案。
The Code of Criminal Procedure stipulates what evidence is and is not contradictory to the censorship judgment as to whether or not there is evidence. Prove that the degree to which it is to be attained is a standard of proof rather than a standard of proof. Adhere to the objective and true standards, adhere to the objective reality of the known, as far as possible objective pursuit of truth, to meet the legal requirements of the crime constitute the conditions and procedural conditions, but also help prevent the suspicion and reduce the wrong case.