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研究中国古代的证据制度,口供制度绝不应被忽略。由于古代科技不发达,在查明案情过程中,物证勘验和鉴定结论所起的作用受到了很大的限制, 因而往往需要从案件的直接参与者处获取供词,才能够查明案情真相。有鉴于此,中国古代的司法官员在审判活动中很早就认识到口供的作用。在经过长期的立法完善和司法实践过程之后,口供制度无论在立法上,还是在司法实践上都已相当完备。笔者不揣冒昧,拟从口供的发展和获取方式两方面对中国古代的口供制度略作浅析,以期抛砖引玉。
To study the evidence system in ancient China, the confession system should never be neglected. Due to the underdevelopment of ancient science and technology, the role of physical evidence verification and appraisal conclusions has been greatly limited in the process of identifying cases. Therefore, it is often necessary to obtain confessions from the direct participants in the case so as to be able to ascertain the truth of the case. In view of this, ancient Chinese judicial officials recognized the role of confession very early in the trial. After a long period of legislative improvement and judicial practice, the confession system is quite complete both in legislation and in judicial practice. The author does not try to guess what to say. It is proposed that the confession system in ancient China should be briefly analyzed from the perspectives of the development and acquisition of confession so as to promote the confession.