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On The Rules Of Corroboration To Coffession

Posted on:2013-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2216330371492121Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
On the rule of corroboration to confession's evidence and improvement has been the key issue in the field of criminal evidence. Confessions of evidence can accurately reflect the subjective motivation of the perpetrator and the objective development of the crime scene, making the confession evidence with stronger evidence of probative force than other evidence of the cases, and be superior to other evidence of the cases. But how to give full play to the effectiveness of the cases of confession evidence, maintain the dignity of the law, protect the victims' basic rights and interests, a reasonable system of confession evidence is absolutely necessary, which makes the coffession rules of evidence form an important value of its existence, and the rule becomes a beacon of on the way to pursuing fairness and justice.This paper is aimed at the coffession rules of evidence and carries on thorough analysis. In the meantime, it applies ethics, sociology, economics, psychology and the knowledge of relevant subjects to make the theoretical analysis of the coffession rules of evidence in order to make the analysis research multi-faceted and multi-angle, and lay a foundation for Chinese coffession rules of evidence.The first part describes the basic concepts of the coffession rules of evidence. Firstly, this section divides the concept of the coffession rules of evidence into confession and reinforcing evidence, and explains them separately. Then on this basis, it carries on an overall elaboration of the concept coffession rules of evidence. Specifically elaborates the literal meaning of the confession meaning, the interpretation of domestic and international criminal justice community, the concept and characteristics of the reinforcing evidence, the historical origins, concept, characteristics and its value orientation of the coffession rules.The second part describes the theoretical basis of the coffession rules of evidence. This section carries on interdisciplinary theoretical analysis of the coffession rules of evidence from the perspective of ethics, sociology, economics and psychology. The specific steps of the interdisciplinary theoretical analysis is as follows, at first, it clarifies the basic theory of this discipline, and then on the basis of this, it makes use of expertise of this discipline to carry on the theoretical analysis of the coffession rules of evidence.The third part discusses about the overseas researches he coffession rules of evidence's running system. The discussion is mainly from the perspectives of the objective of proof, the sphere of proof, the scale of proof and the evidential weight.Part Four discusses the current situation of China's coffession rules of evidence and its shortcomings. The status quo of China's coffession rules of the evidence is discussed respectively from the confessions of a defendant and the confession of the confession of the accomplices. In the meantime, we can analyze its deficiencies on the basis of getting a clear understanding of Chinese coffession rules of the evidence's status quo.The fifth section sets out the direction of implementation and the specific implementation measures of Chinese coffession rules of evidence. It points out the specific aspects that need to be improved and perfected on the basis of its specific use and legal analysis. For instance, the object of proof is unclear, the scope of proof is obscure, the property of reinforcing evidence is not located. It is aimed at Chinese practical situation and proposes the perfect imagination for Chinese future coffession rules of evidence.
Keywords/Search Tags:coffession, theoretical basis, reinforcing evidence, the object of proof, the scope of proof
PDF Full Text Request
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