Research On The Rules Of Corroborating Evidence

In judicial activities, proving is a certain truth judging process which using evidence and is abide by thinking logic. How to choose evidence and whether the evidence can be used in certain cases, are restricted by rules. The purpose of the rule of corroborating evidence is to guarantee the probative force of the evidence; it is the foundation of modern evidence law. To establish the role of corroborating evidence is a demand of truth finding and human right protecting in criminal procedure. Nowadays, the discussion and tryout of evidence legislation are carrying out throughout China, and the rules of evidence are still under construction. Under this circumstance, research on the rule of corroborating evidence has great practical significance.The purpose of this article is, with comprehensive analysis to the rule of corroborating evidence, to perfect China's corroborating evidence rules, and to try to make positive effect to China's judicial practice. The rule of corroborating evidence is one of the important evidence rules, but research on this topic is not abundant in China, and the study to the basic theories to this rule has a lot of differences compare with foreign countries. The theoretical confusion leads to the imperfect of legislation. In China, only skipping regulation has done to corroborating evidence rules. Those regulations are lack of maneuverability and can not solve practical problems effectively. While doing research on academic study and relevant legislation of corroborating evidence rules in China, this article gives a detailed description about rules of corroborating evidence in other countries and regions. Besides, combined with China's real situation, a systematic study has been done to the corroborating evidence rules. This article has 4 sections, sum up to 33,000 characters.First section, confession and corroborating evidence. The definition to confession has been given in the first place. After studied different definitions in academic circle, the author of this article believes that, the content of the confession is not only the recognition to the crime fact, but also concludes the defense of both parties. The reason why evidence need to be corroborated also has been discussed. Taking value of confession as breakthrough point, a detailed discussion has been given to how great value the confession has in criminal procedure. But, great value brings great risk. With great value, using confession as evidence also takes high risk, and this is decided by its own character. In order to use confession properly, to protect rights of suspects and defendants, the need of corroborating evidence rules is in urgent.Second, the category. Category of corroborating confession, category of corroborating evidence, degree of corroboration, and accomplice corroborating evidence are all analyzed in the second section. The author compared corroborating evidence rules in different countries, analyzed their characteristics, learned their similarities and differences, then, draw a whole picture about the system of corroborating evidence. The purpose of corroborating evidence rules in Anglo-American law system is to strengthen main evidence, especially those serious and special crimes. But in continental law system, like in China and Taiwan's law system, the probative force of the evidence is decided by judge. Also, the probative force of defendants' evidence is restricted by law, in order to prevent defendants' evidence from being taken too much, and also, to guarantee it's true.Third section, the necessity to establish rules of corroborating evidence in China, and current problem. The rule of corroborating evidence is needed to realize evidence standard in criminal procedure, to adapt to evidence mode, to meet the reality. The problems of China's corroborating evidence rules lie in several aspects: legal regulation unclear, basic category incomplete, confrontations between legislation and practice. The inconveniences from those problems make it imperative to restrict rules of corroborating evidence in China.Fourth section, the construction of China's corroborating evidence rules. The special characteristics of China's law system should be considered while taking foreign corroborating evidence rules as conference. Based on the analysis in the first 3 sections, some universal law came up. By combining substantive rules and procedural rules, specific suggestions to construct China's corroborating evidence rules are given. Due to author's knowledge and experience, making a further research on it is difficult to continue.