Research On The Rules Of Corroborating Evidence

Evidence,as the king of litigation,plays an important role in the reduction of the facts of the case in criminal proceedings,and the confession as a kind of evidence is the most direct and effective in the restoration of the case.However,since the confession is a statement by the criminal suspect or the defendant about the facts of the case,it is inevitable that there is a subjective color.In order to escape or mitigate the punishment imposed on him,it is inevitable that it will make a statement that is conducive to oneself and that there is a false confession.Moreover,in the investigation stage,although the illegal evidence exclusion rule can ensure the legitimacy and voluntaryness of the confession to a certain extent,but because the confession has a great degree of help in the detection of the case,the investigator may still take the risk to choose some illegal.Means to obtain confessions,which are repeatedly prohibited in practice.The confession and reinforcement rules require the reinforcement of the obtained confession,which can greatly reduce the occurrence of illegal evidence collection such as extorting a confession by torture,thus providing a strong guarantee for the legality and voluntaryity of the confession,and also guaranteeing the confession.Authenticity.In the trial,the rules of confession and reinforcement are applied,so that the judge can make a correct judgment according to the true confession at the trial to ensure the authority of the judiciary.At this stage,the relevant provisions and systems of China's confession and reinforcement rules are not perfect,which leads to the application of confession and reinforcement rules in judicial practice,and implementation is not in place.The confession and reinforcement rules have been practiced abroad for a long time,and have developed into relatively mature system norms with high practical value.Therefore,it is necessary for China to learn from the advanced experience of foreign evidence reinforcement rules,and to further improve the rules of confession and confession in accordance with the judicial system of the country,so that it can play a role in guaranteeing the truth of the confession in judicial practice and ensure the fairness of the outcome of the case.Drawing on relevant foreign regulations,we will improve the system of confession and reinforcement rules,and clarify the scope of confessions that need to be strengthened,the object of proof of confession reinforcement,the conditions for strengthening evidence,and the certification standards that need to be reinforced.The nature of the accomplice confession and its proof of the evidence of reinforcement are clarified.In order to ensure that the rules of confession can be fully implemented in judicial practice.In order to ensure the legitimacy of the confession,it is necessary to improve the relevant procedures before and during the trial,strengthen the review of the authenticity of the confession,and establish a corresponding system to ensure that the confession rules can be effectively implemented.Through the improvement of China's confession system,the concept of confession centralism can gradually be weakened in China's judicial practice,weakening the traditional protection from punishing crimes to paying more attention to the protection of personal rights,while safeguarding human rights.Higher to improve judicial authority.