On Rules Regulating The Corroboration In Criminal Procedure

Rule of corroboration is an important rule in system of evidence, According to legal action, the rules of criminal evidence can be divided into three parts that were the rule of quote, the rule of cross-examination and the rule of judge. In the evidence legislation now available, the amount of the rule of judge was small. The rule of corroboration which was discussed in this article belongs to one of the rules of judge. The rule of corroboration what is called, be to refer to insuring the true of entity through getting evidently weak evidence removing a certificate becomes final decision alone and set a limit for requiring corroborating evidence. To that rules, the theory circle of our state lack investigation and discussion, the legislation regulates little yet, which is difficult to adapt to actual judicial practice. Which evidence needs to be corroborated? Which evidence can corroborate others? What degree to corroborate to? A series of problems wait for us to carry out thorough investigation and discussion. after comparing the laws of different nations, the author expounds a position about our criminal proceeding law and makes a preliminary sketch about some institutions, looking forward to doing some helps for our legislation and practice.The first chapter explores basic theory of the rules of corroboration. The article set forth the correlative concepts,elements of the rules of c corroboration specifically . Then, The article discussed foundational problems such as the condition of apply,the scope of corroboration and the standard of proof etc. lastly, it explores emphatically the basic attribute and multiplied values of corroboration.The second chapter is about the rule of corroboration in the case of specific application. Respectively, on separate statements of the accused,the co-defendants of the statements and other evidence of testimony ,the author agree that the separate defendant's statements and testimony of the co-defendants needed to be reinforced for evidence ,and have a initial definition about other statements of evidence.The third chapter introduces rule of corroboration in England,Japan and Taiwan, and summarily comment on its characteristic. The rule of corroboration is stipulated in common law and constitute in England, The study in theory in Japan is very thorough, The object is limited in testimony of the accused in Japan and Taiwan, and not involved in other testimonial evidences .The fourth chapter introduce the rule of corroboration of our country and give a brief comment. First of all on relevant provisions in China's Criminal Procedure Law and give a brief assessment, next conduct a comprehensive analysis about the rules of corroboration in the need to improve in five aspects, the author made the final of the China Construction reinforced the rules of evidence in terms of the specific rules.