The Confession Strengthens The Evidence Rule

In the history of that human beings use justice to govern society,the position of confession is important.Under the globalization development background of contemporary political,economic and cultural,the evidence system of the two legal systems continuous to mix.Nowadays,there is a gap between legislation and practice in the attitude towards the evidence of confession.The legislator has always taken a rational attitude towards the statement of confession,while the practitioner has formed a "Confession Worship" that relies heavily on the statement.The research on the rules of the corroboration of confession in China is still in a more general stage.Not only many concepts and theories have not been clarified,but also a repeated discussion on the abstract theory of self-talk.Although the relevant foreign system is relatively mature,but there are still many controversial reinforcement theory,the development of these theories is still very large.In order to analyze and summarize predecessors' theories and put forward reasonable measures to solve the problems,this paper is divided into four parts:The first part is about the conception of the rule of corroborating evidence of corroboration,which mainly concerns the conception of confession,the conception of the rule of corroborating evidence,the confession of oral confession and confession,the difference of evidence law and evidentiary rule,and the difference between proof and reinforcement.Confession in our country has three meanings,of which the third view is more reasonable:confession,including confession,excuse and implicating others in a confession."Confession" in China is not a mature legal terms,and in foreign countries also have different meanings.The United States "confession" refers to the exclusion a guilty statement that is reasonable to the contrary;Japan's "confession" is a statement of all or important crimes;British "confession" is all statements that are unfavorable to your content.The theorem of evidence and the rule of evidence are two different terms,the former refers to a system of rules that regulates the supply of information to fact-judges in legal proceedings,the latter refers to all the legal rules that determine the factual process by evidence,So the former is the core content of the former,the latter is the performance of the system.There is a link and distinction between proof and reinforcement.The proof is actually played a reinforcing function,but they are different in the scope of application,evidence classification of applicable processes,legal forms and legal values.The second part is the foreign three different litigation system that can be learned from the relevant system.In the litigant model countries,the content and effect of the rules of reinforcing evidence are divided into three cases in the United Kingdom;The United States has a classic model and the different modes of modern usage,and the conditions for reinforcing the evidence and reinforcing the extent of the evidence,etc,also differ with the UK.In the authoritarian mode of action countries,the use of evidence is usually taken in a variety of evidence between the model confirmed each other,and there is no similar to the United Kingdom as the United States will be independent of the evidence confession out,and then back to the use of other evidence to be strengthened.In the mixed litigation model countries,Japan,as the typical representative,uses confession reinforcement as an exception to the inner conviction,and has carried on the corresponding localization transformation in the scope of the reinforced confession,the content of the reinforced confession,the evidence qualification of the reinforcing evidence and the degree of reinforcement.The third part is the combing and analysis of the current situation of the evidence rule of oral confession in our country.There are some problems in legislation,such as the ambiguity of the guiding law,the specific scope of the oral confession that should not be reinforced,the type of confession is not specific,and what kind of reinforcement should be achieved by the reinforcing evidence is not clear.In practice,there are many problems of excessive reliance on confessions.Rare academic research results can not guide the relevant legislation,and the lack of specific legal basis for the standardization of judicial activities can do nothing.The fourth part is about the relevant countermeasure of perfecting the rules of confession and supplementary evidence.In legislation,it is necessary to amend Article 53 of the Criminal Procedure Law,clarify the scope of the reinforcing confession,confirm the evidence of the reinforcing evidence,set up the standard grading system to prove the reinforcing evidence and set up the exceptional system of reinforcing confession for Joint Criminal.In the relevant supporting systems and measures,we should create a true concept of the rule of law,reform the structure of criminal proceedings and the establishment of the relevant typical case of guiding precedent system.