Research On The Reinforcement Function Of Concealed Evidence

Adhering to “Justice is the last line of defense to safeguard social fairness and justice” is the basic requirement of the "Fifth Five-Year Plan of Reform" issued by the Supreme People's Court.However,in recent years,the frequent exposure of Criminal Misjudged Cases has challenged people's trust in justice time and again.By comparison,it is not difficult to find that these criminal misjudged cases are concerned about the bias and bias of the case handlers in oral confession.The age of confession as the "king of evidence" seems to be past,but in our criminal justice practice,confession always belongs to the strong position.In order to restrict the testimony of confession and prevent the case handlers from resorting to all means to obtain confession,In 1979,China's Criminal Procedure Law stipulated that without other evidence,the defendant should not be convicted on the basis of his confession,that is,the rule of confession reinforcement.However,contrary to expectations,the principled provisions lack operability,which not only fails to shake the strong position of confession,but also makes the application of rules difficult.To ensure theeffectiveness of this rule,In 2010,the relevant departments promulgated the Provisions on Several Questions Concerning the Examination and Judgment of Evidence in Death Penalty Cases.Article 34 of the Provisions specifies in detail the conditions for strengthening confessions through concealed evidence,and then determining the guilt of the defendant.This regulation is a refinement of the rule of confession reinforcement,and based on which,authoritative scholars believe that the rule of confession reinforcement based on this is formally established in China.Then,in 2013,Article 106 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law follows this provision.Here,in order to facilitate understanding and simplify the expression,the author summarizes it as “the rule of concealed evidence reinforcement”.The establishment of the “the rule of concealed evidence reinforcement” solves the problem of whether the acquisition of concealed evidence can be convicted in judicial practice.It accords with people's intuitive cognition,enhances the operability of the rule of confession reinforcement,and helps to examine the authenticity of confession and prevent misjudgments.However,there are still many problems in the application of the rules in both legislation and practice.In addition,at present,domestic scholars have made great achievements in eliminating illegal confessions,but few studies have been made on the special reinforcement rules of concealed evidence.Therefore,whether in academic research,legislation and judicial practice,it is urgent to pay attention to the rule of concealed evidence reinforcement systematically in order to improve its application,and maintain judicial justice.Based on this,the central proposition of this paper is: What are the shortcomings of the rule of concealed evidence reinforcement and how to improve it? Around this proposition,this paper discusses.The full text consists of an introduction and four chapters.The introduction part explains the background,significance and value of the rule.This part briefly reviews the research status and research methods of rules.Chapter?is the question,which contains two sections.It introduces the case of Nie Shubin and Wu Daquan to reflect on two typical problems in the application ofconcealed evidence.One problem is that the judge is blind and ignores the obvious contradiction in confession.The other is that in the case that the source of concealed evidence can't be guaranteed,excessive credulity of concealed evidence leads false cases.Chapter ? is the theoretical discussion on the reinforcement function of concealed evidence.This chapter is divided into four sections.The first part introduces the background of the rule of concealed evidence reinforcement.The second part combs the legislative evolution,application conditions and conviction logic of the rule in China.In the third part,by comparing the rules of covert evidence reinforcement with the three related rules,the differences and relations between the rules of concealed evidence reinforcement and them are analyzed,and the understanding of the rules is further deepened.Finally,it introduces the value of the application of the rule of concealed evidence reinforcement to judicial practice.Chapter ? is to reflect on the application of the rules concealed evidence reinforcement in China.This chapter is divided into two sections,mainly from two aspects of theory and practice to analyze the existing problems of the rules.In theory,firstly,the legislation has not clearly defined the concealed evidence,which leads to ambiguity in the understanding of "concealed evidence";secondly,according to the law,concealed evidence is limited to documentary evidence and material evidence,and its scope is narrow;Last,active conviction orientation is unreasonable.In practice,because of the high proof power of concealed evidence,judges are prone to rely too much on concealed evidence to ignore the testimony of confession and other evidence.Secondly,the principled provision leads to the differentiation of the degree of reinforcement of concealed evidence in practical application,and the application criteria are not uniform.Finally,because of the vulnerability of concealed evidence,the overconfidence of case handlers and the difficulty of eliminating illegal confessions,the application of the rule is difficult to achieve practical results.Chapter IV is to put forward some feasible and effective suggestions in view of the problems existing in the rule,according to the judicial practice in our country.This chapter is divided into two sections.Firstly,the relevant legislative provisions should be improved: Defining "concealment" clearly,eliminating cognitive ambiguity,expanding the scope of concealed evidence,weakening the orientation of conviction.Secondly,we should standardize the application of practice.First,we should pay attention to the comprehensive collection of evidence,especially the evidence to prove the innocence and misdemeanor of suspects and defendants,so as to avoid formal verification.Second,the nature of the case is used to distinguish the degree of reinforcement of concealed evidence and to form a more uniform standard of use.Fully examine the confession to ensure its legitimacy and authenticity.On the one hand,examining the stability of the confession and the authenticity of the first confession.On the other hand,improving the relevant system of synchronous recording and video recording,which can help the judge to examine the external environment of the confession and ensure the source of concealed evidence.