Study On Criminal Verification Rules

In 2004,professor long zongzhi demonstrated the judicial proof mode of China in the article "proof and free proof--proof mode of criminal procedure in China",and summarized the proof mode of criminal procedure in China as "proof mode of mutual verification".Since then,the research on the pattern of proof has mushroomed and become a hot spot in the field of criminal procedure law in China.In 2010 the supreme people's court,the supreme people's procuratorate,ministry of public security,state security,justice promulgated the several problems about audit judgment evidence for the death penalty cases handled by the provisions of the "(hereinafter referred to as" the death penalty case evidence rules ")and in 2012 the supreme people's court about apply the interpretation of the < law of the People's Republic of China criminal procedure law > >(hereinafter referred to as the "XingSu explain"),to confirm the identity of the rule with the "legal",evidence to support each other from judicial practice commonly used method is based on the specification,become a review to determine a single evidence and evidence rules to determine the case facts,Its position in judicial proof also gets authority affirmatory.As a widely used verification rule in judicial practice,it plays a fundamental and important role in ensuring the authenticity of the evidence,preventing perjury,accurately ascertaining the facts of the case,and avoiding the occurrence of unjust,false and wrong cases.Its rationality and practicability are self-evident.However,we habituate to emphasize the role of verification rules from the level of proof standard,but neglect to examine and judge the proof force of a single evidence by verification rules.At the same time,in recent years,judicial practice has put too much emphasis on mutual proof of evidence,which proves that the application of rules tends to be simplified and mechanized.Blindly pursue the proof of guilty evidence,ignore the existence of doubt and contradictions in the case.The blind pursuit of formal verification,ignoring the function of psychological evidence,has a negative impact on the criminal proof,and some people even evaluate the verification rule as the root cause of unjust,false and wrong cases.In the author's opinion,the rationality of the verification rule is beyond doubt,the one-sided evaluation of the fault of the verification rule is meaningless,the verification rule does not exist in a vacuum,and the study of the verification rule cannot be separated from the judicial reality.We should focus on theproblems existing in the application of the verification rules in judicial practice,put forward feasible opinions and countermeasures,make the verification rules play a better role,guide judicial practice,and improve the quality of criminal cases.In addition to the preface and conclusion,this paper is mainly divided into three parts:The first part defines the meaning and nature of verification.In the case that the law and judicial interpretation do not define the specific meaning of verification,the connotation of verification is expounded.The contents of the verification rules are understood and read from two aspects: the proof force and the proof standard.The verification rules of the level of certifying force include three aspects: the verification of the defendant's statement,the verification of the witness' s testimony,and the verification of the evidence of special words.The verification rules of the standard level of proof are the verification of indirect evidence.The nature of proof is demonstrated.When verification serves as the basis for reviewing and judging the authenticity of a single piece of evidence,it is the rule of force of proof.As a method of ascertaining facts,the way of proof is to examine whether the facts of a case meet the legal standard of proof.At the same time,the relationship between verification and free mind proof is clarified.The second part summarizes the three problems in the application of the verification rules.The first is to ignore the examination and judgment of a single evidence,which is manifested in the lack of strict examination on the legality of evidence and the mere formality of proof proof and cross-examination.Second,the emphasis on evidence and the light of the elimination of doubt,which shows that the case handling organs are willing to collect evidence of guilt,often ignore or even hide evidence of innocence and doubt,and reject the evidence of innocence presented by the defense.Third,the separation of verification and evidence,the performance of insufficient verification dare not conclude the case,false verification leads to unjust,false and wrong cases.The third part puts forward feasible opinions on overcoming the problems existing in the application of verification rules.One is to attach importance to the examination and judgment of individual evidence.Including strengthening the ability to review and judge evidence,court evidence investigation substantive.The second is to attach importance to evidence of innocence.Including the investigation organs to obtain evidence fully and truthfully,attach importance to the innocent evidence provided bythe defense.Third,to strengthen the integration of verification and evidence.This includes the use of rules of thumb to enhance inner certainty and to pay attention to the reasoning process of judgment documents.