Researches On The Rules Of Corroboration In The Field Of Criminal Procedural

Evidence, is praised the soul being criminal procedural law all along. With the reform of the trial mode of the People's Court going deep into, the operation way and state of evidence become the key factor affecting the justice and efficiency of legal action gradually. At present, the mistakes taken places in cognizance facts were more than those applying laws while the People's Court was hearing cases, it has big correlation with that the rule of evidence was not good enough. The examination of evidence was an emphasis and difficulty in criminal trial. The same evidence, some judges think that it is already sufficient, but some think it is insufficient. From this, to consummate the legislation of the rules of criminal evidence have been the dream of theory circle and practical circle.According to legal action, the rules of criminal evidence can be divided into three parts they were the rule of quote, the rule of cross-examination and the rule of judge. In the evidence legislation now available, the amount of the rule of judge was small. The rules of corroboration which was discussed in this article belongs to one of the rules of judge. The rule of corroboration what is called, be to refer to insuring the true of entity through getting evidently weak evidence removing a certificate becomes final decision alone and set a limit for requiring corroborating evidence. To that rules, the theory circle of our state lack investigation and discussion, the legislation regulates little yet, which is difficult to adapt to actual judicial practice. Which evidence needs to be corroborated? Why does it need to be corroborated? Which evidence can corroborate others? What degree to corroborate to? A series of problems wait for us to carry out thorough investigation and discussion. The thinking has been carried out with regard to those relevance problems in author's power, looking forward to doing some helps for our legislation and practice.This article consists of four parts, which are about 33,000 words.The first chapter explores basic theory of the rules of corroboration. The article set forth the correlative concepts, origination and value of the rules of corroboration detailedly. Thereinto, it explores emphatically the basic attribute and multiplied values of corroboration.The second chapter gives a brief comment on the rules of corroboration in main countries and regions. The article choose representative country and region in legislation on rules of corroboration as models, made a comparative review on the legislation and practice of oversea rules of corroboration. Through analyzing the differences in two law systems on rules of evidence, the article tried to conclude some helpful illumination for our country.The third chapter analyzed the composing elements of the rules of corroboration one by one. It was the key theory in this article. Combining with proof weight and the standard of proof, the article discussed foundational problems such as the object of proof, the standard of proof and the scope of corroboration etc.The fourth chapter analyzed how to build and consummate the rule of corroboration. The article introduced the practical operation of rule of corroboration in our country currently above all. Then, it analyzed the feasibility schemes of establishing and consummating our rules of corroboration comprehensively.