Study On The Evidence Effect Ofaccomplices'oral Confession

The legislation of our country although limited probative force, the law of criminal procedure not credulous of confession principle, and clearly the" only the confession of the accused, the absence of any other evidence, a defendant cannot be found guilty and sentenced to a criminal punishment" but, this use of confession rules are applicable and accomplice affidavit, relevant laws and judicial interpretation is not clear. In judicial practice, oral confession in most a Gordian knot. Is how to deal with the accomplice probative force. The determination of the nature and the accomplice affidavit accomplice affidavit to them are needed in the system to regulate the problem.Accomplice affidavit evidence of effectiveness in China's legal theory sector can be said to be has been a controversial problem. There are positive, negative, a compromise that various theories such as. This, say for sure that complicity is mutual relationship between the witness, and eclectic said while acknowledging the accomplice affidavit remains the confession, not each other witnesses, but that they meet certain conditions can still only a confession conviction. The two statements are different degree of unreasonable factors. Sure that ignores the criminal defendants and witnesses in criminal proceedings in the status and role of the differences between the compromise theory; although both the principles and additional exceptions, more comprehensive, but the listed conditions in practice do not have maneuverability. Therefore, after weighing, the author thinks that more reasonable negation.Selection of negative, will inevitably leads to a question, namely the corroboration rule. In view of the characteristics of oral confession denied that and the common crime of criminal suspects and defendants, between different levels of the existence of serious relationship, even if the accomplice affidavit and confirm each other, also can't finalized basis. There should be a corroborative evidence proof. While the corroborative evidence should also have clear limitations, use of corroborative evidence should also have a good regulation.Therefore, the accomplice affidavit nature have a clearly defined and the corresponding reinforcing rules have a legal regulations, perfect accomplice affidavit evidence for the effectiveness of the key. According to Wang, rape as an example, analyzes the nature, accomplice affidavit evidence of effectiveness, existent problem and how regulation.