Study On The Rules Of Confession Reinforcement Evidence

Confession is a legal term with profound cultural accumulation. In ancient times conviction should be according to confession, no confession, no recorded cases and the conviction must be obtained by the certain confessions in which the criminal acknowledge his guilty, while today it is dominated by the plot of confession, which means break the confession and take it. People are easy to trust the confession caused come cases involving unjust, false or wrong charges, such as Zhao Zuohai, She Xianglin, Hu Ge cases, which makes the confession-centered investigative model become into practice. So it is urgent to strengthen the studies on the rules of confession reinforcement evidence. In modern criminal suit jurisprudence studies, the theory of axiology and the theory of constructivism are the two theory cornerstones, the theory of axiology is the balance between substantive justice and procedure justice while the theory of constructivism is the analysis of confession’s evidence capability and credibility. In a word, based on the current situation of judicature and legislative consideration, the law are rational after retreating passion,so the rules should be settled rational and carried out exactly, the supporting system should be completed. The rules of confession reinforcement evidence should be controlled within a rational and necessary range.Apart from the introduction part, this article can be divided into four chapters. The introduction part arise questions, point out that confession is full of cultural accumulation, in ancient times conviction should be according to confession, no confession, no recorded cases and the conviction must be obtained by the certain confessions in which the criminal acknowledge his guilty, while today it is dominated by the plot of confession, which means break the confession and take it. People are easy to trust the confession caused come cases involving unjust, false or wrong charges, such as Zhao Zuohai, She Xianglin, Hu Ge cases, which makes the confession-centered investigative model become into practice. So it is urgent to strengthen the studies on the rules of confession reinforcement evidence.Chapter one is the summary of rules of confession reinforcement evidence, in which describe the historical development, the related conceptions’ comparison, the relation between confession and the rule of corroborative as well as the value of the rules of confession reinforcement evidence, pointed out that the value of the rules of confession reinforcement evidence are substantive justice and procedural justice. When the two come into conflict, the focus should beput on procedural justice because taking “the theory of criminal suit construction is the theoretical cornerstone of modern criminal suit jurisprudence studies” into account.Chapter two analyses the rules of confession reinforcement evidence make up its structure,demonstrating the range of confession, types of corroborative evidence, evidence degree of corroborative evidence and the analyze and demonstration of the accomplice’s confession.Chapter three, examination and review of the judicial practice analysis the confession ’s state quo in China, zero confession rule, estoppel confessions rule accomplice confessions rule status quo judicial practice; the fourth chapter put forward some concerning advices to the rules of confession reinforcement evidence in China; Chapter three and chapter four are key parts of this article, by analyzing the rules of confession reinforcement evidence, the correct implementation of the rules and improve the matching system, the rules of evidence Corroborative regulation necessary, within a reasonable range.