On The Chinese Verification Mode Of Evidence Evaluation

Evidence is an essential part of jurisdiction,which stems from people's unremitting pursuit of objective truth.The corroboration model is a theoretical summary of Chinese criminal proof.However,there are phenomena of unclear connotation,blurry mechanism,and concepts confusion in the scholar's exposition.In practice,there has been a phenomenon of conviction for conviction,or an innocence for a exterior corroboration.Therefore,the problem of corroboration needs to be solved urgently.Through in-depth analysis of the connotation,object and mechanism of the corroboration,this research tries to restore a clear corroboration model.The first part of the article points out the relationship between the evidence problems in China and the corroboration model.The second part of the article summarizes and analyzes the connotation controversy and criticism as well as support opinions of the academia on corroboration model,and clarifies that the theoretical problem of the corroboration model lies in the objects of corroboration,the basis of corroboration,the unclear connotation and the lack of clear expoundation on relationship between the corroboration and judicial discretion.Through legal analysis the third part of the article draws the conclusion that the object of verification is the correlation of verbal evidence and the relevance of indirect evidence.Subsequently,by construing the three aspects of evidence,draw the conclusion that the evidence has a factual dimension and a material dimension,and the premise of the proof is the review of the legality of the material dimension of the evidence.According to the sources of evidence,evidence is divided into verbal evidence and physical evidence.Subsequently different methods of corroboration are applied.The physical evidence needs to be confirmed on its relevance according to the truth coherence theory.The verbal evidence needs to be consistent with the subjective and objective.In the process of verification,it should be ensured that the information on which the verification basis is true and reliable.It is necessary to have a standard of corroboration,which can also be stated as the degree of verification.By comparing the legislation and related theories,the fourth part of the article points out that the degree of verification is actually the request of the referee's inner conviction,and the specific degree of certainty depends on the general rationality.The fifth part of the article reveals the problem of the injustice of the procedure and substance of the jury system in China,and dissertates that the connecting role of the jury system needs to be strengthened.And the analysis shows that the jury system needs to ensure the procedural fairness by introducing due process and procedural disciplinary measures.