Explore The Real-world Application Of Corroboration From The Point Of View Of The Standard Of Proof

In 2004,Professor Long Zongzhi was the first person who put forward the view of "corroboration proof mode",and considered it to be the proof mode of Chinese criminal procedure.This view has been heatedly discussed in the academic circles since it was put forward,and supporters of this view want to contribute to the improvement of this view.Opponents also put forward their corresponding opinions,someone think that corroboration is only a method of proof,and it is wrong to classify it as a proof mode;someone think that the theory of corroboration is vague and cannot bring practical benefits to our country’s criminal procedure.Some think that the characteristic of the corroboration proof is no longer suitable for current criminal adjudication,and the corroboration proof cannot do any contribution to avoid occurrence of wrongful convictions;someone think that the corroboration proof mode itself is difficult to define and its meaning is unclear.Compared with the heated debate in academic circles on the corroboration proof mode,the judicial practice jurists generally hold the positive attitude towards the corroboration proof mode.However,the overthrow of some wrongful convictions in recent years has raised doubts about whether the corroboration proof can be effective in preventing wrong convictions.The author believes that the ultimate purpose of the corroboration proof is the realization of the standard of proof,so if we want to study the corroboration proof,the standard of proof is a topic that cannot be bypassed.The starting point of this thesis is to explore whether the corroboration proof is suitable for the current criminal proof standard,and to discuss the position of the corroboration proof under the current criminal proof standard in our country,and to find out problems of the real application of corroboration proof,to find put how to use corroborating proof to better realize the standard of proof to avoid the occurrence of wrongful convictions.The first step in the procession of discuss is to identify which theory of the corroboration proof is adopted in this thesis.Now there are three main theories of the corroboration proof:the theory of proof mode,the theory of proof methodology and the theory of empirical rule.If the standard of proof is likened to the ultimate goal,the corroborating proof is the road to reach the standard of proof.The different positioning of the corroborating proof will also affect its realization of the standard of proof,and affect the angle and connotation of road which the corroboration proof can realize the standard of proof.Therefore,if we want to discuss the practical application of the corroboration proof from the perspective of standard of proof,the first thing we should do is to clarify the positioning of the corroboration proof.From the perspective of the current standard of proof and judicial practice,the corroboration proof can be regarded as the main mode in the standard of proof mode of criminal proceedings in our country.Its main status can be reflected in the fact that the corroboration proof is widely used in legal norms and judicial practice,and it plays an important role in the realization of the objective aspects of the standard of proof.However,it is impossible to realize all the requirements of our country’s criminal procedure standard of proof only by the corroboration proof itself.After the position of the corroboration proof is clarified,it is necessary to clarify the connection between the corroboration proof and the standard of proof.The corroboration proof and the standard of proof are the relationship between method and purpose,the standard of proof is the purpose of the corroboration proof,and the corroboration proof is the way to realize the standard of proof.Our country’s criminal standard of proof has been developed and changed,and the subjective requirements have been added to the criminal standard of proof.The corroboration proof should also develop and change in line with the development of the standard of proof.However,the development and change do not affect the connection between the corroboration proof and the standard of proof,which are still relatively independent concepts.In judicial trials,the exhaustion of the corroboration proof does not necessarily mean the realization of the standard of proof,and the referee still needs to make additional judgments.If there is none additional judgment step,it is a confusion of the corroboration proof and the standard of proof,which may lead to the occurrence of wrongful convictions.Explicitly confirming the connection between the corroboration proof and the standard is the premise of discovering the dilemma in practical application of the corroboration proof from the perspective of the standard of proof.This thesis will focus on two typical dilemmas in the practical application of the corroboration proof:the first is the "one-to-one" case,when the corroboration proof is faced with insufficient evidence,there are huge difficulties in the realization of the standard of proof;the second is the forced suit of the realization of the standard of proofs in practical application,includes that confusing the distinction between the exhaustion of the corroboration proof and the realization of the standard of proof,and the forcible addition of attestations to achieve the realization of the standard of proof when the corroboration proof is exhausted but the standard of proof cannot be achieved.From the point of view of the standard of proof,the corroboration proof still plays an important role in the realization of the objective aspect of the standard of proof.In order to better play the function of the corroboration proof,the first thing to do is to clarify the positioning of the corroboration proof,and distinguish it with the standard of proof.Distinguish and clarify the logical relationship between the two,as to better play the role of the corroboration proof in realization of the objective aspect of the standard of proof.It is also necessary to perfect the requirements of the corroboration proof,and establish an appropriate and effective procedural guarantee mechanism to ensure that the corroboration proof does not deviate from the correct track in the process of realizing the objective aspects of the standard of proof;it should also play the verification function of the corroboration proof to ensure that the proof process is rigorous and complete.which proves that the logic is smooth.The corroboration proof can only better achieve the objective requirements of the current standard of proof,but it is difficult to achieve the subjective requirements.Therefore,other systems should be introduced to perfect the realization of the standard of proof.