Research On The Criminal Verification Rules In China

Criminal verification has long existed in the judicial practice of our country,but it has not been theoretically summarized.In 2004,Professor Long Zongzhi published the "Certificate of Evidence and Free Heart" in the "Law Study" and put forward the theory of the proof model,which triggered the academic craze with the theme of "recognition".The term “recognition” is not only a hot word in the field of evidence law,but also highly respected in criminal justice practice.This paper intends to study the criminal verification rules in China from four aspects:The first chapter is the definition and comparison of the rules of criminal verification.The first section of this chapter mainly discusses the concept and nature of the rules of criminal verification.The term “recognition” originally belonged to the professional vocabulary in the field of historical textual research,and was transplanted to the rapid development of the field of evidence law.As a method of evidence review and judgment,the criminal verification rule refers to comparing two or more pieces of information that are identical or pointing to the same,so as to realize the authenticity of the information contained in the evidence,and if there is no contradiction in the evidence of the whole case,The evidence rules for making preliminary judgments on the facts of the case.The criminal verification rules are essentially the means of guaranteeing the rules of truth,the rules of authenticity and the means of proof.The second section of this chapter mainly compares the criminal proof mode of our country with the application of the criminal verification rule under the mode of proof of free heart,compares and analyzes the scope of the cases required to be verified under different proof modes,and defines all the cases in China.In order to strengthen the certificate,only a small number of cases outside the domain need to be confirmed as weak proof.The second chapter is the criminal verification rules in China's proof mode.This chapter mainly conducts normative research and empirical research on the criminal verification rules in China.The first section conducts a normative study on the rules of criminal verification.Through the summary analysis of the judicial interpretations related to criminal verification in China,it is found that the provisions mainly regulate the verbal evidence,and almost no physical evidence is involved.Therefore,the accused's confession and witness testimony Standardized analysis with special verbal evidence.The second section makes an empirical analysis of the rules of criminal verification,and summarizes the practice of criminal verification rules,which is the rigid requirement of all criminal cases in China and the confirmation of direct evidence.The third chapter is about the reasons and negative effects of the formation of criminal verification rules in China.The first section analyzes the rules of criminal verification from four aspects: the legislative concept of the new statutory evidenceism emphasizes the power of evidence,and the repeated factual trial requires that the evidence can be repeatedly drawn to the same conclusion,and the way of indirect speech is reduced.The amount of information in the evidence leads to the need to prove each other through multiple evidences,and the lack of guarantees for the object of litigation needs to be achieved through the use of criminal verification rules.The second section analyzes the negative effects of the wrong application of the criminal verification rules from four aspects: neglecting the review of the ability to prove evidence,the value of the evidence of excessive dependence on the confession,the result of artificial production and the excessive compression of the judge's heart.Certificate space.The fourth chapter is the reasonable boundary of China's criminal verification rules.In order to solve the negative effects brought about by the rules of criminal verification,the fourth chapter gives recommendations from three aspects.The first section requires a review of individual evidence and a comprehensive review of evidence,with a comprehensive review of the evidence to presuppose the ability to demonstrate the proof of a single evidence.The second section emphasizes the need to focus on the combination of proof and testimony,because the testimony has strong superiority in examining the authenticity and proof of evidence,and can limit the discretion of judges,so it is necessary to adhere to the dominant position of the testimony.However,in the judicial practice,some referees are crude and rigidly applied the rules of criminal verification,leading to false verification and rigidification.It is necessary to use the experience and logic of the judge to play the final check and achieve the escapement.The third section discusses from the perspective of relevant evidence rules,establishes a system of proof ability rules,and formulates the advanced experience in judicial practice into a normative and binding norm,guiding the referee to correctly apply the evidence of criminal verification rules.Improve the rules for the exclusion of illegal evidence,avoid the abandonment of the evidence,and implement the existing rules for the exclusion of illegal evidence and expand the types of illegal evidence.