From Verification To Discretional Evaluation Of Evidence

The verification rule is one of the rules for using the evidence to determine the facts of the case.It is mainly reflected in the examination and judgment of direct evidence and indirect evidence.From the practical experience or business rules of China's criminal justice certificate,the verification,which is the mutual confirmation between the so-called evidence and evidence,as a basic proof method for verifying the authenticity of the evidence and the authenticity of the facts,has been used throughout The entire business process of the public security law practice has become the basic dependence path for public security investigation,prosecution and prosecution,and judge certification.From this point of view,some scholars have summarized the fact-finding methods of the criminal justice practice in China and the proof mode of the case facts as a proof of proof.Unfair judicial,unjust,and wrongful cases have always been a plague for criminal justice.With the advancement of the trial-centered judicial system reform formulated by the central government,a number of false and wrong cases have been followed up in the media,and the model of proof that has long been pursued as a judicial practice has been greatly blamed.Once again,the debate is fierce.It is a waste,a revision,and a change in both the theoretical and practical circles.The mutual understanding of evidence should not be limited to the external verification of the basic characteristics of evidence.It should also be understood as the use of logic proof and empirical verification and other introspection methods to strengthen the self-judgment of the factual judge's ability to prove individual evidence and proof.In contrast,judicial practice still succumbs to the mechanical concept of “confession is king” in the period of statutory evidence,and as the center of the proof model,it ignores the independent review of individual evidence on the micro level and ignores the comprehensive synthesis of cases on the macro level.Verification,one-sided emphasis on the mutual verification of evidence,and as a core part of the evidence review.This has given birth to the negative value of the rules of confession,such as extorting a confession by torture.This kind of proof mode emphasizes the pursuit of objective and true value orientation,and it also hinders the exclusion of illegal evidence and damages justice.In addition,in the judicial practice,due to the neglect of the function of the card,the empirical rules and factual inferences that can be used in the case cannot be effectively utilized.On the basis of comprehensively deepening the research on the model of criminal proof in China,especially on the basis of analyzing its causes and characteristics,we can find out the existing problems and the root causes of the model of criminal proof,which can further refine and perfect the proof of proof.It is possible to carry out the basic functions of evidencejudgment and case identification.At the same time,we should also see that there is no fundamental mutual exclusion between the criminal verification certificate model and the liberal testimony.As a specific proof model in a certain historical period,the proof-certification model has a model of supplementing the free-spirit and even developing into freedom.The possibility and legitimacy of the mental model.With the reform of the litigation system of the trial center,especially the affirmation and support of the central government for the judicial independence of the litigation operation level,with the further affirmation and strengthening of the principle of direct speech in the judicial reform,the evidence of the integration of the heart and the evidence,the inclusiveness of the testimony,It is the only way to develop the criminal litigation proof model in China until the testimony goes to the heart.