宋代眾證定罪規則的歷史考察與現代啟示

A Historical Analysis of the Rules of“At least Three Witnesses Proved the Suspect Guilty”in Song Dynasty

宋代司法重視程序正義，在眾證定罪之前，三次訊問之際，法司應向嫌犯出示書證、物證等證人證言以外的其他證據，傳統眾證定罪原則所強調的言詞證據之間互相印證的既有模式因此發生變化。三問程序的創制，是古代言詞證據規則的重要創新，實質上是對特殊人群免于刑訊特權的間接否定，即實施三問以後，嫌犯不再享有豁免掠治之特別關照。在三問前置、刑訊為輔的規則之下，宋代眾證定罪證據規則經體系重構而實現自洽，對于改變以口供為中心的司法傳統，構建各種證據相互印證的機制發揮了重要作用。

The Song Dynasty attached importance to procedural justice. Before at least three witnesses proved the suspect guilty, the suspect should be presented with documentary evidence, physical evidence and other evidence other than witness testimony during three interrogations. Therefore, the existing model of mutual confirmation between verbal evidence emphasized by the traditional principle of ' at least three witnesses proved the suspect guilty' changed. The creation of the three interrogation procedures is an important innovation of the ancient rules of verbal evidence, which is essentially an indirect denial of the privilege of exempting special people from torture, that is, after the implementation of the ' three interrogation procedures', suspects will no longer enjoy the special care of exemption from predation. Under the rule that three interrogation procedures are preceded and torture is supplemented, the evidence rule of 'at least three witnesses prove the suspect guilty' in Song Dynasty is self-consistent after system reconstruction, which plays an important role in changing the inherent tradition of taking confession as the center and constructing various evidence mutual confirmation mechanisms.