涉案人供述的證據准入：考量因素與系統反思

我國證據種類中犯罪嫌疑人、被告人供述僅指狹義上犯罪嫌疑人、被告人在接受訊問時向辦案機關作出的認罪陳述。目前，我國在肯定書面訊問筆錄證據准入的同時否定其他形式記錄的供述，否定行政機關所獲供述的證據准入，刑事初查階段涉案人供述的證據准入尚未明確，立案前涉案人供述隨意轉化為書證、傳來證人。這既導致與案件有關的涉案人供述無法進入訴訟，又讓部分不可靠的涉案人供述進入訴訟，可能造成冤假錯案。涉案人供述因為違反了自身利益，具有較高可信性，一般具有證據准入資格，但其是否證據准入還應當受到其他因素的影響，比如供述環境對供述自願性、明智性的保障，涉案人供述引入訴訟的必要性，能否滿足質證的需要等。我國應當賦予同步錄音錄像作為供述的證據准入資格，否定行政機關以及初查所獲供述的證據准入，對傳來證人以來源查證、出庭義務為准入前提，涉案人供述證據種類轉化仍應當適用供述證據規則。

Among the types of evidence in China, the confessions of criminal suspects and defendants only refer in a narrow sense to the confession statements made by criminal suspects and defendants to the case-handling agency when being interrogated. In the admission of written interrogation transcripts as evidence, the Chinese law denies the admission of confessions recorded in other forms, and denies the admission of evidence of confessions obtained by administrative agencies. The admission of evidence of confessions of persons involved in the criminal preliminary investigation stage has not yet been clarified. The admission of evidence of confessions of persons involved before filing a case free to transform it into documentary evidence and summon witnesses. This not only prevents the confessions of persons involved in the case from entering into litigation, but also allows some unreliable confessions of persons involved in the case to enter into litigation, which may lead to unjust, false, and wrongful convictions. Because the confession of the person involved in the case is against his own interests, it has high credibility and is generally eligible for evidence admission. However, whether the confession of the person involved in the case is admitted as evidence should also be affected by other factors, such as the voluntariness and wisdom of the environment of the confession. The necessity of introducing litigation, whether it can meet the needs of cross-examination, etc. China should grant access to simultaneous audio and video recordings as evidence for confessions, deny access to evidence for administrative agencies and confessions obtained in preliminary investigations, and subject witnesses to source verification and the obligation to appear in court as access conditions. The confession of people involved in the case converted into other types of evidence should still be subject to the rules of confession evidence .