Research On The Rule Of Concealment Evidence

This paper mainly analyzes the theoretical conceptual differences of the hidden evidence rules,the formation background of the rules,the institutional connotation and the operating state,and discusses the possible problems in the institutional and practical levels,and puts forward relevant solutions and suggestions for improvement.In the first chapter,starting from the academic community’s disagreement on the basic concepts of the hidden evidence,the author introduces the scholars’ definition and understanding of the hidden evidence,the inclusion relationship between the hidden information and the hidden evidence,and whether the manifestation of the hidden evidence should be distinguished by the types of legal evidence.In addition,the paper summarizes whether the application of the hidden evidence rules is different in different reconnaissance modes theoretically,and what problems will arise in the application of the hidden evidence rules in each mode.Prepare for the following discussion.The second chapter,try to deconstruct the specific provisions of article 106 of the Supreme Court interpretation,to normative analysis of the concealment of the current evidence rule,the components of the concealment of the clear evidence rules for concealment strong documentary evidence,material evidence obtaining from the defendant confession or identify,defendant confession match with the other evidence,the defendant confession ruled out a confession by torture,truth,the possibility of collusion,and interpret the connotation of the constitutive requirements.Among the above three conditions,the first condition is the core of the rule of concealment evidence,and the last two conditions are guarantee.The umpire’s determination of guilt requires the cooperation of all three.The third chapter summarizes and analyzes the problems existing in the rules of hidden evidence from the perspective of system and practice,including the ambiguity in semantic expression,the difficulty in eliminating "induced confession and collusion confession",the pollution of oral confession when obtaining oral confession,and the overconfidence of investigators and examinees.The fourth chapter is mainly about the construction of the concealment evidence rule.Including the degree of concealment of the evidence through the judgment of guiding cases;Whether to recognize the hidden information as the reinforcement content of the oral confession;According to the seriousness of the case,the rules of concealment evidence of different proof standards shall be applied respectively;Through perfecting the system of recording and video recording,the authenticity of oral confession can be guaranteed and the pollution of oral confession during interrogation can be prevented.Finally,through the development of the Anglo-American law on the reinforcement of oral confession and the theory of confession,this paper explores the measures to guarantee the truthfulness of oral confession,including the truthfulness of form and content.The research of Ofshe and Leo introduced into the United States on the credibility theory of confession,separated the standards of voluntariness and credibility of confession,and ensured the credibility of the acquisition of hidden information.