证据采信规则在办理刑事案件具有重要地位,对提高办理死刑案件的质量和效率至关重要。实践中如果证据采信规则弹性化,证据能力标准灵活化,没有坚决贯彻实施刚性的证据采信规则和证据能力标准,对“带病”的证据材料反复查证,公检法三家联手努力挽救,不但影响诉讼结构平衡,助长了权力滥用,违法取证等权力行使的自然倾向,使监督、规范权力的努力化为乌有,而且导致大量司法资源浪费,严重影响办案质量和效率。实施刚性的证据采信规则,有助于激发、增强侦查人员的证据意识、程序意识和诉讼意识,有助于规范权力行使,保护合法权利,有助于化解所谓的公检法证据观的差异问题。 The rules of evidence collection have an important place in the handling of criminal cases and are of crucial importance for improving the quality and efficiency of the handling of death penalty cases. In practice, if the rules of admissibility of evidence are flexible, the standards of evidence competence are flexible, there is no resolutely implemented rigid standards of evidence collection and evidence of competency, repeated verification of evidence of “sickness” and joint efforts by public security law to rescue not only the impact The balanced structure of litigation promotes the natural tendency of power abuse and illegal forensics to exercise their power. It also impedes the efforts of supervision and standardization of powers and leads to the waste of a great deal of judicial resources and the serious impact on the quality and efficiency of handling cases. The implementation of rigid evidence collection rules helps stimulate and enhance the investigators’ awareness of evidence, procedural awareness and litigation awareness, helps to regulate the exercise of power, protects legitimate rights and helps to resolve the so-called differences in the concept of evidence in public security law.