A Study On The Rules Of Prevention Mechanism Of False Corroboration In Criminal Proof

The proof mode of criminal litigation in China is defined as the corroboration proof mode,i.e.,the mode of completing the proof activity or fact determination by "corroboration".As a method of proving the facts of a case,the rule of corroboration is of great significance in regulating the examination and judgment of evidence and guaranteeing the accuracy of fact determination,etc.However,the corroboration mode of proof has gradually revealed its shortcomings and defects in its operation,and has not given full play to its functions and values.Whether scholars propose to reform or find a better alternative mode of proof,the theoretical and practical reflections on the proof mode mostly stay on the appearance of proof and do not go deep into the core of proof,thus ignoring the biggest source of danger of the proof mode-false proof.-False corroboration.Reflecting on the current disclosure of criminal wrongdoing cases,false corroboration is an important reason for the deviation of the facts from the objective truth.In order to bring into play the maximum efficacy and value of proof,the most important thing is to resolve its inherent risk sources,in view of the many manifestations of false testimony in practice,we need to conduct a comprehensive review and prevention of false testimony.Of course,this does not mean that the traditional theory of corroboration should be denied;the fact is that the status of corroboration as the basic method of criminal proof in China has been unshakable,but considering the inherent limitations of the corroboration model,some adjustments and optimizations need to be made to it.Professor Susan Hacker proposes a theory of truth based on coherence theory,which takes into account not only the "mutual corroboration and support of evidence" which is the concern of coherence theory,but also the "relevance and support of evidence to the conclusion of the argument" which is the concern of foundation theory,so the problem of false corroboration The problem of false corroboration can be solved by the foundation theory.Based on the requirements of the foundation theory,this paper reflects on the formation of false corroboration from the reliability of the evidence itself,and establishes a targeted prevention mechanism for false corroboration around the connection between evidence and facts,in order to improve the criminal proof ability of China.The research approach intends to adopt a problem-oriented approach to abstract the concept,characteristics and practical manifestations of false imprints from real judicial cases,and carefully analyze the causes of false imprints,then explore how to identify false imprints by combining legal theory and judicial practice,so as to develop a set of operational mechanisms that can efficiently prevent false imprints.Among the practical manifestations of false imprints,evidence omission,evidence falsity,evidence distortion and evidence one-sided imprints are the types of manifestations that need to be focused on,which directly determine the focus of identification and prevention later in this paper.It is also necessary to clarify the reasons for the formation of false corroboration,China’s criminal justice model of investigation from confession to evidence,the case file transcript centrism model,as well as the existence of judicial personnel to confirm the bias,evidence between the circular argument are important reasons for its formation.The identification of false evidence must first explore the relationship between the risk of evidence and false evidence,so as to target the identification methods from the reliability of individual evidence and evidence inference.The perfection of the mechanism for preventing false imprints is carried out at three levels,namely,the improvement of the pre-trial prevention mechanism,the improvement of the investigation mechanism during the trial and the improvement of the post-trial disciplinary system.The specific improvement mechanism involves two dimensions,one is the dimension of thinking and concept,from the consciousness of the judicial personnel to control,to promote the judicial personnel as far as possible to achieve scientific decision-making and behavior;the second is to rely on external tangible forces to restrain and limit the judicial personnel,so as to effectively prevent false imprints.In this paper,we study the problem of false corroboration,and build a mechanism to effectively prevent and identify false corroboration from the reliability of evidence itself,focusing on preventing the problem of artificially created false corroboration in practice,and bringing into play the value of corroboration,in order to curb the generation of criminal wrongdoing,and to achieve self-consistency in both judicial practice and theory,which is the innovation of this paper.