Research On The Rule Of Verbal Evidence Reinforcement In Criminal Procedure

The rule of reinforcing evidence comes from the Anglo-American law system and has been in the field of law research in China for a very short time.Most in China follows Chen Pusheng's opinion that "the rule of reinforcing evidence is the policy stance of preventing the danger of miscarriage of justice due to the excessive confessions,which restricts the evidential value of confessions and prohibits the confessions as the only basis for guilty verdicts." In the evidence system of criminal procedure,the rule of verbal evidence reinforcement occupies an important proportion.In the practice of judicial activities,the rule of exclusion of illegal verbal evidence is difficult to be implemented.There is little use of the rule of verbal evidence reinforcement,however,the cases of injustice,which are caused by the extortion of confession by torture,the fact that the court is unable to verify the facts and excludes illegal confession,the decision only on the basis of the defendant's confession,happen frequently.By introducing the rule of verbal evidence reinforcement in criminal proceedings during in the judicial practice,this article further analyzes the rule of criminal evidence reinforcement,systematically discusses the corresponding functions of the verbal evidence in criminal proceedings,so as to promote the rule of verbal evidence reinforcement to give full play to its role in practice,ensure the quality of every criminal case,truly find out the truth and resolve the disputes.The first part of the article,by analyzing the connotation of the rule of criminal evidence reinforcement,based on the rule of reinforcing evidence,makes a systematic comparison with the additions and corrections of formal evidence,the voluntary confession rule and the exclusionary rule of illegally obtained evidence,so as to promote us to make a more precise definition of the rule of verbal evidence reinforcement,and discuss the characteristics of the rule of evidence reinforcement in criminal proceedings.Then,based on the value of the rule of evidence reinforcement,this it expounds the effective punishment of crime,prevention of miscarriage of justice,prevention of extortion of confession by torture,protection of the lawful rights and interests of the accused,protection of the rights of the accused and strengthening of the burden of proof of the accuser.In the second part,by introducing the development and application of the rules of criminal evidence reinforcement in Anglo-American law system and continental law system while combining the differences between them,it forms a more intuitive impression of the rule of criminal evidence reinforcement.The third part,through the detailed introduction of the status quo of the legislation and application of the rule of evidence reinforcement in China,and through the statistics generated from the criminal cases that the author handled while serving for 3 years in the grass-roots court,it screens the cases in accordance with the rule of criminal evidence reinforcement,and analyzes the application of criminal evidence reinforcement measures in specific cases,1.the reinforcement in the event of the confession of a single defendant being used as the direct evidence,2.the reinforcement under the case of the defendant's reversion,3.the reinforcement in the case of the confession of an accomplice raised in a joint crime,4.the specific application of exclusion of illegal evidence,5.the victim statement reinforcement,6.the reinforcement for the witness' testimony,7.the reinforcement of electronic evidence.This paper also summarizes the application of the rule of criminal evidence reinforcement in judicial practice.The fourth part puts forward the problems existing in the rule of evidence reinforcement in China to propose ideas for solution.?.the crime that the reinforcement rule applies is too broad;?.no standard of proof for the evidence reinforcement has been established;?.lack of assurance procedures for rule of the evidence reinforcement.In the last part,the author puts forward the idea of establishing and improving the rule of criminal reinforcement,perfecting the application process of the reinforcement rule.doing all the work in the process of promoting the full application of the verbal evidence reinforcement rules in criminal proceedings in China.The author would like to make every effort in the process of promoting the rule of verbal evidence reinforcement in criminal proceedings to be applied in all directions in our country.