The Mutual Corroboration Rule Of Criminal Evidence From Zhang's An Uncle Case

The mutual corroboration rule of criminal evidence is the judicial tradition of investigating prosecution and judge according to the prosecution.It is emphasizes refer to exclude illegal evidence,real evidence relevant to the case of all watching out for each other,between coordinated,form a complete and closed the chain of evidence.In the investigation stage,only the confessions of a criminal suspect or other individual evidence cannot be found guilty,As much as possible,so the investigation organ may collect other evidence in order to achieve "match" the standard,in the process of examination and prosecution,prosecutors also approved evidence between whether"match",which as an important standard of prosecution or not to prosecute;Also in the trial,the judge also will support each other as clear,the evidence is sufficient to determine the case facts standards,because of the heavy cooperation between the police and court,light restriction has led to the occurrence of unjust cases.Taking zhang's rape and homicide as the research object for example,through the in-depth study of the case,hope to match rules of criminal evidence in our country apply in practice to provide some reference and give full play to the rules of criminal evidence confirming effectively,so as to achieve the purpose of the standard of criminal proof,reduce the happening of the wrongs.This article consists of three parts:the prologue,the body and the conclusion.The first part is first and foremost is a preliminary understanding of zhang's an uncle case evidence shows that the second is evidence of the problems existing in the judgment for the list,a complete carding on the case.The second part is the analysis of the criminal evidence and the problems arising from the practice.Firstly,introduce the meaning,significance and limitations of the match rules,then through the combination with the case from the point of multiple analysis of existing problems,one is the neglect of individual evidence of audit judgment,verify the objective rules between emphasis on evidence,the pursuit of evidence on a number of simple accumulation,and not pay more attention to the inner link of the evidence;Secondly,it is not given full attention to the evidence of innocence,which is harmful to the rights of the parties and the discovery of the truth;Thirdly,of the lack of real demonstration,it is to confirm due to the excessive pursuit of mutual support and lack of central public supervision,making confirm system faces great challenges.The third part is a further reflection of the perfect rule.Through the analysis of the above,put forward their own point of view,pay more attention to the review of a single evidence judgment,will not have the authenticity,legitimacy and relevant evidence directly excluded,insist on the principle of illegal evidence exclusion,the principle of direct verbal trial,attaches great importance to the defense to provide evidence of innocence,respect the lawyer's right to defend,to protect the legal rights of the defendant,free proof of the fusion system,draw lessons from its reasonable factor,standard match rules apply,promote the system the implementation of the reasoning,for the match rules of criminal evidence to create a good environment.