Study On The Rule Of Corroboration To Confession

The rule of corroboration to confession is one kind of the evidence rules. Although the question of corroboration to confession is stipulated in the Criminal Procedure Law in our country, it is not concrete,so it has many flaws.The research in theory field also doesn't give enough importance to the question .But the legislation and the theory research in Western countries particularly in Anglo-American Law system countries have already spaned for several centuries.So the author chooses this topic to research.By inspecting legal precedent and the dissertation in the Western countries, drawing on the theory and experience of the rule of corroboration to confession in Anglo-American Law system countries ,the author continues to discuss this question in full detail with other scholars.Begaining with the related conception of the rule of corroboration to confession ,Partâ… deals with the conception and the character of confession and corroborative evidence, then confines the rule of corroboration to confession. The rule of corroboration to confession belongs to one of the probative value evidence rules. Partâ…¡analysises the theory basis and the function of the rule of corroboration to confession. Materialism epistemology, Idea of human right and idea of procedural justice are its theory basis. In addiction, It also has many functions:guarantee the reliability of confession, promote the way of detection transformation, balance the strength between the libelants and the defenders, limit judge's freedom to decide . Partâ…¢analysises the legislation and flaws of the rule of corroboration to confession in our country:there is no conception of confession in the legislation of our country;the scope of corroboration is not stipulated; the ability and the standard of corroborative evidence is also not stipulated ,and it also doesn't stipulate how to deal with the confession in the common crime , Partâ…£inspects the rule of corroboration to confession in foreign countries from that cofession in court and coffesion out of court , scope of corroboration, the ability and the standard of corroborative evidence , confession in common crime and corroboration. Partâ…¤ mainly advises how to perfect the rule of corroboration to confession in our country. The confession in and out of court all should be corroborated, The scope of corroboration ,the ability and the standard of corroborative evidence should be stipulated , In addition, the legislation should strictly stipulate that verdicting the case cannot only depend on the accomplice confession , and the accomplice confession can't be the corroborative evidence to the confession of the accused person .This paper uses reading, comparing,logic analysis study.By reading many books ,comparing the legislation in many countries, inspecting the experience to establish and examine every proposition,the author then discusses the rule of corroboration to confession in detail.The research of this paper has many bendfits:enrich the theory of the evidence rules,make up the deficiency of the Criminal Procedure Law in our country in the evidence rules ,resolve the Chaotic situation in dealing with the question of corroboration to confession. All above can advance the accompishment of the nomocracy and harmonious society in our country.