On Rules Of Corroborative Evidence For Confession

The way of using Evidence Rule is always an important part of Procedure Law. As a part of Evidence Rule, the meaning of Corroborative Evidence is no need to say. And Corroborative Evidence for confession is a most significant one. The confession needs corroboration, because it has two basic properties-substantivity and lability. The substantivity may cause the criminal suspect hurt from illegal investigation activities. And the lability could increase the risk of losing a lawsuit. On Corroborative Evidence for confession, countries more or less have provisions in their current law. And both the theory and practice, the attention to this problem is also rising. Our "Criminal Procedure Law" provides that "If only the confession without other evidence, the accused couldn't be sentenced guilty." This provision is so simple that many concepts didn't clearly identify, and lots of conditions need specific criteria, leading confusion in practice. The article is around three fundamental values: Avoiding emphasis on confession, Prevent the miscarriage of justice, Protection of human rights" and it consults lots of relevant theories and regulations. From the basic concept, the article expound on Corroborative Evidence for confession step by step, combined with our current circumstances of judicial practice, to make some comments and proposals benefit on Corroborative Evidence for confession.The article has three parts:introduction, body and conclusion. Body part is divided into five chapters.Chapter1. Statements of Corroborative Evidence for confession. This section mainly covers two aspects. First part is about the concepts:"confessions" and "corroboration of confession". Then focused on the three fundamental values: Avoiding emphasis on confession, Prevent the miscarriage of justice. Protection of human rights"Chapter2. Applicable rules about Corroborative Evidence for confession. This section always around the fundamental values, reinforced by the relevant provisions of foreign introduction, combined with our country's specific conditions. It expounds three problem of corroborative evidence:"Scope", "ability" and "strength". At last, the article arguments in favor of "independent, real, relevant, non-verbal evidence" evidentiary requirements for reinforced and made a distinction between the reinforcement rules.Chapter3. The corroboration of accomplice confession. This section focuses on accomplice's confession. It list a lot of rules and theories of our country and foreign to statement this problem. And it also makes a point of view:Accomplice confession evidence needs other evidence to be corroborated, but can not be the corroboration of other evidence.Chapter4. The special use of confession corroboration. This chapter focuses on problems which the corroborative evidence using in practice. Highlight the importance of confession corroboration especially in the independent sentencing session. And discusses the use of corroboration which the cases distinct by a guilty or not guilty plea.Chapter5. Improving our country's confession corroboration rules. The confession corroboration's legislation in our country is too simple and narrow. To this condition, I have three suggestions for improvement. The first is to clear the issue of the relevant legislation, then distinct the using standards by different conditions or procedures to establish a confession corroboration system. Finally, legislation should expand the scope of using corroboration which covers all the verbal evidences. These three suggestions must be steadily perform to perfect our corroborative evidence system.