The Empirical Study On Ratification Rules Of Testimony In Criminal Case

“Authentication is a lawsuit activity in which the evidence through cross-examination in court is reviewed and judged by the fact-finders so that it is determined whether it could be admitted by explaining the reasons.” The fact-finders in the criminal lawsuits of our country are judicial personnel, which include mainly judges and people’s jurors. Authentication rules are the regulations of the activities during which the fact-finders judge the evidence in order to ascertain the facts, and they have important value for the criminal trials, which could ensure the legitimate rights and interests of defendants, victims and other personnel related to the cases, the thorough investigation of a case timely and effectively to restore the truth and bring the real criminals to justice as well as the prevention of misusing power and judicial corruption. Meanwhile, the application of authentication rules could make the parties understand clearly the authentication process, and accordingly appeal no more improving the judicial credibility. However, perfect authentication rules have not been established nowadays in our country. The front-line judges in the field of criminal trials can only grope based on their personal knowledge, experience, and so on. Compared with other evidence of the criminal law, the testimony of witnesses has the characteristic of strong subjectivity. In addition, because of the imbalance of the experience and knowledge level of our country’s judicial personnel it is hardly convincing that the judges just come to a conclusion of adoption or not as to the authenticity and the proving ability of the testimony of witnesses, which therefore leads to misjudged cases sometimes. Bases on the current situation of the legal system’s construction it is imperative to set up authentication rules of witness’ s testimony in the criminal law which are not only scientific but also well-structured. The article starts mainly with the current situation of authentication rules of witness’ s testimony on the construction of which some superficial suggestions are then put forward through the applicable investigation of authentication rules of witness’ s testimony in the trials of a certain city after which problems are recognized.Four chapters are divided in the article. The first one is the theoretical basis of authentication rules of witness’ s testimony, the difficulties of which lie in the problem of credibility. The chapter starts with the relationship of proof, cross-examination and authentication and then analyzes authentication, adoption and credibility, which determines the theoretical basis of authentication rules investigated by the article. The second one analyze the current situation of authentication rules of witness’ s testimony regulated in our laws by compared with Federal Rules of Evidence in USA and Criminal Procedure Law and other related provisions of our country. The third one is the applicable investigation of authentication rules of witness’ s testimony. The author investigates the work of the criminal trials in his own city by questionnaire and reference to files, after systemizing which the problems existing are analyzed while authentication rules of witness’ s testimony are being applied during the current criminal trials of our city. This helps to access to the first-hand information of solving problems. Also the contradictions in the application of authentication rules are being analyzed. The fourth one includes the proposes of perfecting authentication rules of witness’ s testimony and other related systems of our country.