證據層控主義：一種中國式的證據審查結構觀

以訴訟階段論為底色的縱向訴訟構造塑造了我國刑事證據審查制度的基本結構，以其為基礎可以歸納出“證據層控主義”這一體系化的證據法理念。相較於以審判為中心的證據審查體系，證據層控主義試圖依託層層把關式的證據審查機制確保事實認定質量。證據層控主義具備多中心的層控格局、扁平化的層控方式以及外部化的層控標準等特徵。對代表合法性知識的非法證據、代表專門性知識的專家證據和代表混合性知識的證明標準的層層審查是證據層控主義的典型實踐樣態。證據層控主義在約束事實認定者濫用權力等方面起到重要作用，但卻造成證據法概念的意義泛化、證據審查的機械化、查明真相的邏輯和司法證明的邏輯混同、對抗事實認定風險的證據性權利缺失等問題。證據層控主義為推進以審判為中心的刑事證據制度變革，提供了一個可供對話和批判的靶子。

The vertically structured litigation model, characterized by a litigation-stage-based approach, has shaped the fundamental framework of China's criminal evidence review system. Based on this foundation, the concept of “layered control doctrine of evidence” can be systematically derived as a guiding principle in evidence law. Compared to a trial-centered evidence review system, the evidencetiered control doctrine seeks to ensure the accuracy of fact-finding through a layered, checkpoint-based mechanism of evidence scrutiny. This doctrine exhibits several distinctive features, including a multi-centered tiered control structure, a flattened tiered control process, and externalized tiered control standards. Its typical application is seen in the multi-layered review of three categories of evidence: illegally obtained evidence, which represents legality-based knowledge; expert evidence, which represents specialized knowledge; and proof standards, which embody hybrid knowledge. While the evidence-tiered control doctrine plays a crucial role in restraining fact-finders from abusing their power, it also leads to several issues. These include the overgeneralization of evidentiary concepts, the mechanization of evidence review, the conflation of truth-finding logic with judicial proof logic, and the absence of evidentiary rights to counteract the risks inherent in fact-finding. Ultimately, this doctrine serves as both a subject of critique and a point of dialogue in advancing reforms aimed at establishing a criminal evidence system aligned with a trial-centered litigation framework.