Study On Rules Of Confessive Reinforcing

Reinforcing the rules are the rules of evidence in the case to play a very important role. Our laws although this has been covered, but the provisions are too general, there are many defects and problems, the legal profession nor full attention, nor too much in-depth study of this problem. The jurisprudence of its legislation of the Anglo-Saxon countries and theoretical studies has reached hundreds of years. In view of this, I will rule of corroboration to confession as a thesis research topic. Investigation and study of jurisprudence and doctrine of the Western countries, learning the Anglo-American jurisprudence Complementary Rules theory and practical experience, on this basis, continue to the issues related to the comprehensive and detailed discussion and research.One to prevent a miscarriage of justice rules, since corroboration to confession rule. However, the Penal Code section46does not expressly require, what kind of confession reinforcement, reinforcing the evidence required to meet what conditions need some improvement to what the extent of the problem, therefore, the provisions of section46and can not prevent miscarriage of justice. In this paper, a comparative approach, generally confessional concept corroboration to confession rule of origin and development of the status quo in the first chapter, second chapter introduces the concept of corroboration to confession rules, characteristics, the theoretical basis and functional role, specific chapters explore the corroboration to confession object, the scope, extent and accomplice confession such as corroboration to confession problem, discussed the issues related to workers guilty confession in fourth, fifth chapter points out the problems in China corroboration to confession rules memory and defects, there is no clear reinforcement of the range, there is no provisions on the reinforcing evidence of capacity, not how to deal with the provisions of the accomplice confession, but also does not provide a clear and feasible reinforcement of the evidence standard of proof. Chapter VI according to the rules of their own research experience in China reinforced the idea. We discussed how to improve our reinforcement rules from the reinforcement range, an accomplice confession the evidence, reinforcing the evidence ideas. Comparative study:only admit a statement wholly or mainly to the facts of the crime in order to constitute a confession, recognizes only a part of the statement of the facts of the crime belongs to consider themselves not part of the confession which does not require reinforcement; confession only confessed, does not include excuse; the theoretical basis of the corroboration to confession rules is to prevent the miscarriage of justice rather than to prevent forced to force taken from the white; court confession or out of court confession, need reinforcing evidence for reinforcement; reinforcing evidence reinforcing the degree just to reach it and Confessions of a combination to be able to prove the extent of the facts of the crime can be; an accomplice’s confession to be used to prove the other accomplice in the crimes should have reinforced the evidence, but not each other with each accomplice’s confession as each other’s reinforcing evidence. Lack of corroboration to confession rules in our legal, since the corroboration to confession rules have no basis, the object is not clear, the range is not specific, standards are not uniform and so resulting in severe legal system in China during the trial confusion and damage the impartiality and seriousness of the legal system in China. Therefore, the researchers of China’s legal theory and practice should begin as soon as possible in this area, to keep abreast of the progress at home and abroad on research in this area, combined with China’s actual conditions to prescribe the right medicine, according to local conditions, to fill the blank of our country in this respect and safeguard the dignity of our laws.