On The Rule Of Corroboration To Confession

In the modern criminal justice of the implementation of evidence doctrine, the meaning of the rules of evidence is self-evident. Confessions of a reinforcement rule has been recognized and compliance in most countries of the world, and reflected in the criminal legislation. It is known as the three rules of evidence with the hearsay rules of evidence, illegal evidence exclusion rules and legislation in modern times. Statement rules have been relatively sound reinforcement in the foreign legal and judicial practice,but study of the rule in China is still relatively lacking. China's "Code of Criminal Procedure," Article 46 provides that:"The judgments of all cases must be evidence-based, re-investigation and study, do not credence to confessions. If Only the defendant confessions, but no other evidence, not be found guilty and sentenced the accused. If no defendant confession, but there is ample evidence of the accused it can be pronounced guilty and sentenced." This provision reflects the statements in our country is not only found the defendant guilty. It also need to be reinforced by other evidence. However, China's Confessions of a reinforcement rule is far from perfect. It mainly because China is not only lack of theoretical systematic research on reinforcing the rules of evidence, but also there is no clear and consistent understanding in judicial practice, The practice of confession and sentenced the defendant solely on the basis of their guilt is not uncommon in cases. And from the existing research, the academic's focus is on the improvement of the rules of procedure, but lack of the necessary research on the specific rules.Confessions of reinforcing is the result of a variety of litigation balance. This paper started from the 6 part of the exposition:The first part focuses primarily on the concept about confession and the confession of reinforcement. I proposed referred to the meaning of the rules and the essential features which Code of Criminal Procedure prefer to.The second part focuses primarily the provisions on Confessions of a reinforced concrete evidence from two Schools of the laws of the State. Respectively expounded the existing law and judicial practice of Germany, Japan, the United Kingdom, the United States.The third part focuses on the theoretical basis for the rules of confession reinforcement and Value Analysis. From the epistemology of dialectical materialism and the protection of human rights theory,I analyze the theoretical basis. From accurately determined facts of the case,preventing the miscarriage of justice, protection of human rights, protecting the rights of defendants and detecting changes in the way, I analysis the value of Confessions of a reinforcement rule.Part IV, I mainly analysis the basic content of confession corroboration.From the scope of Confessions of evidence reinforcing, Confessions of a range reinforced, reinforcement of evidence reinforcing the extent and investigation time, I expand discussion.Part V is the main question about reinforcing an accomplice confession. First, I analyze the concept and characteristics of an accomplice confession, distinct Confessions of an accomplice and witness testimony. Then analysis capability and probative force Confessions of an accomplice.Part VI describes the rules reinforced confession reflected in our legislation. At the same time I put forward the improvement of confessions of a reinforcement rule.