Mutual Verification Mode With The Prosecution Mode Of Judicial Proof

Confirmed as a kind of commonly used method of proof, was adopted by countries in theworld. China’s judicial proof, there is no explicit legal provisions, but because our countryrelies heavily on verification method, even will be established on the basis of the criminallitigation proof, so some scholars in our country judicial proof model summarized as"verification mode". Understand the verification status of practice mode and existingproblems, grasping the mutual confirm limit, play that role model positive evidence incriminal proceedings, and constantly improve the prosecutorial proof mode, to adapt to theneeds of criminal judicial reality, has the value of theoretical and practical significance."Other" is an important judicial mode is proved in the practice of our country. It to thedefendant’s confession center, ignore the independent review of the evidence, the evidencethat mutual verification of evidence. This mode is proved the pursuit of the value of objectivetruth, but may not be conducive to the exclusion of the illegal evidence, harm judicial justice.China’s legislation to determine the exclusionary rule of illegal evidence, definitely stipulatethe procuratorial organ is the main body of the exclusion of illegal evidence, and the validityof evidence bears the burden of proof. However, the "other" of judicial proof for theprosecution to exclude illegal evidence will have adverse effects, such as: the deep of theinvestigation organ manufacturing "surface confirmed" produce reverse encouraging effect,excessive pursuit of "other" cause error accumulation of illegal evidence, is not conducive tothe procuratorial organs play "illegal evidence filter" function. To re recognize the proofstandard of objective truth, based on perfecting the procuratorial judicial proof and putsforward some conception model is preferred, independent review of individual evidence,establish the prosecutor document review consciousness; perfecting evidence comprehensivereview system, reasonable evidence exclusion of contradiction between; the establishment ofthe free heart certificate verification principle, judicial officials to independent evidence proofof the force free. Finally, deconstruction of "mutual verification misunderstanding mode", inthe use of verification mode, absorbing the regulated proof and free proof proof model, andconstantly improve the procuratorial organs in criminal judicial proof.