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Corroborative Evidence Rule

Posted on:2004-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhaoFull Text:PDF
GTID:2206360095956331Subject:Litigation
Abstract/Summary:PDF Full Text Request
Rule of corroboration is an important rule in system of evidence, which is a stipulation that definitely provable value of kinds of evidence. With the system of criminal trial in China is being changed from inquisitional into adversary, to perfect discovery system has become an urgent problem to be solved Therefore, this article explores rule of corroboration in rule of evidence and is to benefit legislation and practice.This article consists of four parts, which is about 42,000 words.The preface of this article is mainly concerned with the meaning of rule of corroboration and analyses the difference between the common law system and the continent law system. It points out rule of corroboration is the rule that when some kinds of legal evidence are incomplete, there require that other evidence assure its reality. The important content of rule of corroboration involves in incompletely provable value of evidence, which is object of rule of corroboration. After generalizing the difference between the common law system and the continent law system, this article comments on its historical cause of formation. Furthermore, the author puts forward the object and the definition of rule of corroboration.The first chapter explores basic theory of rule of corroboration. Beginning with setting forth origination, basis in theory of law and characteristic of rule of corroboration, it explores emphatically the content of the rule in which the meaning, scope, ability of evidence, provable value of corroboration and the range objects of rule of corroboration are elaborated. Finally, it discusses the relations between voluntary and corroboration of testimony of the accused, and it points out that the voluntary and corroboration have their basis in theory of law each other, but they have some connections.The second chapter introduces rule of corroboration in England, Japan and Taiwan, and summarily comment on its characteristic. The rule of corroboration is stipulated in common law and constitute in England. Statute mainly stipulates corroboration of testimony of witness in some kinds of crimes, but common law stipulates corroboration for accomplice, victims of sexual offences, andcorroboration of sworn and unsworn evidence of children, which mainly shows demand in procedure. The items of the rule of corroboration are not complex in Japan and Taiwan, but their study in theory is very thorough. Especially in Japan, its study in theory for content has its system. The object is limited in testimony of the accused in the above country and region, and not involved in other testimonial evidences.The third chapter discusses the rule of corroboration and its improvement in China criminal procedure. It is the emphasis of this article. It reviews the rule in China, introduces kinds of arguments on testimony of accomplice in theory, points out the existing defects and the improvement necessity and puts forward the specific propositions of improvement. In this article, author constructs the content and specific items of the rule of corroboration in our country, and brings forward how to handle testimony of accomplice, and points out mechanism of assurance of procedure and problem that should be noticed in practice.
Keywords/Search Tags:Corroborative
PDF Full Text Request
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