漢代簡牘文獻刑事證據材料考析

The Study and Analysis of the Criminal Evidence in Bamboo Slips of Han Dynasty

通過研究漢代簡牘文獻發現，漢代的刑事證據制度已趨向規範化、制度化，在司法活動中表現為重事實與證據，初步創立了客觀主義的刑事證據制度。在訴訟程序中已經形成了較為完整的證據鍊條：包括據證起訴制度、庭審質證制度、據證決斷制度以及據證乞鞠與驗證復獄制度等。漢代刑事證據制度的確立對後世產生了巨大影響，為中國傳統刑事證據制度的發展奠定了基礎，也為當代中國刑事證據制度的完善提供了借鑑價值。The research on the bamboo slips of Han dynasty shows that the system of criminal evidence had been on the way to standardization and institutionalization which placed facts and evidences a very important position in its judicial activities and a criminal evidence system was preliminarily created on the basis of objectivity. A relatively intact evidence chain had been shaped up in the lawsuit procedure which consisted of prosecution system according to evidences, interrogation system in court trail, court decision-making system according to evidences as well as appeal system etc. The system of criminal evidence of Han dynasty has a great influence on the following dynasties which laid a foundation for the development of China's traditional criminal evidence system and also offers some lessons for the improvement of present system.