Study On The Application Of Chinese Confirming Rule In Criminal Evidence

Evidence is the foundation of lawsuits.No evidence cannot be ascertained the case facts, without case facts how to talk about condemn.The development of evidence should be according to its rules.Evidence rules are the limitation of credibility and probative force,also unified standard for apply to evidence.The "confirming criminal evidence" has been widely used in the process of our criminal judicial proof method,and be generalized as pattern of judicial proof in academic community. "Judical Interpretation on Criminal Procedure" by supreme people's court in 2012 constructed"rule of confirming criminal evidence" as requirements of probative force and proof standard, therefore the rule is established. However, the study is restricted to the pattern of confirming criminal evidence.Less attention to the rule of confirming criminal evidence.As a commonly used method in judicial practice, its own there are many worthy of study in the process of applying.This thesis distinguishes pattern and the rule through definitions, then compares "rule for oral confession reinforcement" and "free evaluation of evidence" to have a clear cognition of "rule of confirming criminal evidence". The author argues contents of the rule, then clarifies the reasons of its establishment, which are effective judicial practice experience, specific words evidence admissibility requirements, rules of human cognition as well as probation and verification in written form. In allusion to these existing fake and false cases, which are ignorance of probative force, formalization of the rule, neglecting evidence of innocence and lack of reasoning process.Hence, the author put forwards that the access of evidence should be reviewed not accepted at first place; "rule of confirming criminal evidence" should be substantially applied; pay attention to the evidence of innocence to safeguard the right of confrontation; and strengthen the reasoning process in the judgment documents.Hope that specification apply the rule of confirming criminal evidence can help us to adopt the evidence clearly and ascertain the case facts in order to realize judicial justice.