On Rules Regulating The Corroborative Evidence Of Confession

The evidence rule is very important in modern criminal proceedings that judging by evidence. On the one hand, a rule means limitation, but on the other hand, it means protection too. Comparing limitation with protection, we think that limitation is just as the instrumentality, but protection is the aim. The rules of corroboration to confession, the rules of hearsay and the rules of illegal evidence are the most important evidence rules in modern evidence law. But different from the other two, the rules of corroboration to confession belong to one of the probative value evidence rules, and its basic purpose is to restrict judge's free proof, from the other view, is to protect the human right. According to what had said above all, limiting judge's free proof is just as the instrumentality, but the protection of human rights is the aim.The rules of regulating corroboration to confession restrict the framework and program of criminal proceedings and its establishment relies on several procedural values. The paper consists of five parts:Part one mainly deals with the basic theory of the rules of regulating corroboration to confession, such as its essence, character and function. Focusing on the basic theory is a nearest way to rational thinking. As a premise, the paperconfines the conception of confession and its rule firstly. The other premise of the paper is the function of the rules of regulating corroboration to confession, and how to evaluating the effects, how to rethink the matters, as well as how to offer the suggestions all concern to the function of the rules of regulating corroboration.Part two emphatically investigates the structure of the rule of corroboration to conffesion, and points out that it should include three constitutive elements: corroborative evidence, scope of corroborated evidence and corroboration if the rule wants to realize its function in the judicial practice.Part three dialectically analyse the allowable and disadvantage of the rule in China. The rule of corroboration to conffesion is as a result of several elements.However, there are some issues existing in judicial practices to be handled in a rational way as follows: (1) how to determine the conditions of corroborative evidence,(2)how to determine the scope of the corroborated evidence, and(3)how to unify the standard of corroboration.Part four synoptically puts forward some suggestions on perfecting the rules of corroboration to conffesion in our country, especially about legislative discussions. The author suggests that it should amend the article 46 of the criminal procedure law, concretely, the author point out 5 legislative suggestions.The last part is a brief review on the influence that the rule of corroboration to conffesion in our country may take to prosecuting departments.In special cases, the rules of corroboration to conffesion should be applied to the system of non-prosecution system.