Research On The Corroboration Rule Of Oral Confession

In the whole process of criminal proceedings,evidence always plays a key role,with oral confession constituting one of its significant forms.In this process,the acquisition of oral confession is considered as an important task from the investigation stage.In the subsequent stages of examination before prosecution and trial,the focus is placed on the conviction and sentencing of the criminal suspects or defendants in combination with other evidence according to the obtained oral confession.For this reason,it is highly necessary to standardize the application of oral confession in criminal proceedings.The meaning of the corroborative rule of oral confession is refers to the individual may be convicted by oral confession,there need other corroborative evidence.The rule originated in the 17th century England,should be used when there is only a single oral confession can prove all the crimes or major criminal facts.The corroborative rule of oral confession should be constituted by five elements,including corroborated oral confession scope and contents,corroborative evidence,corroborative evidence’s degree of proof,and applicability of accomplice’s oral confession.As the internal constituents become perfect,the corroborative rule of oral confession can guarantee the authenticity of oral confession to prevent erroneous judgment and the excessive emphasis on oral confession and then protect human rights.The corroborative rule of oral confession is defined by law as follows:the judgment of all cases shall lay emphasis on evidence and investigation rather than oral confession;the defendant shall not be convicted or sentenced to punishment in the presence of defendant’s confession without other evidence but can be convicted and sentenced to punishment if there is abundant proof without defendant’s confession.Nevertheless,as a result of the imperfect legal provisions,the corroborative evidence of defendant’s oral confession,such as case proof,derivative evidence that has been disseminated many times and accomplice’s oral confession,is sometimes applied in juridical practices.The corroborative rule of oral confession encounters varieties of problems.In theory,corroborated oral confession scope and contents,corroborative evidence,corroborative evidence’s degree of proof,and applicability of accomplice’s oral confession are undefined.In practice,lack of direction to use the corroborative rule of oral confession.In view of this,should make corroborated oral confession scope and contents,corroborative evidence,corroborative evidence’s degree of proof,and applicability of accomplice’s oral confession clear.Improvement in corroborative rule of oral confession is the claim raised by the transformation of oral confession "centralism",the effective approach to inhibiting the illegal acquisition of oral confession,and the prerequisite for trial subject to make a correct judgment.Although the corroborative rule of oral confession exists some problems.China’s state leaders attach much importance to law-based governance,investing enormous human,material and financial resources in perfection of legal governance,making higher demands on judicial personnel’s working capacity and cultural qualities.On the other hand,legal professionals also change their concepts,diverting attention from the traditional emphasis on punishment of crimes to the assurance of human rights.In addition,the role of oral confession centralism has been gradually weakened in the wake of the progress in investigation means and legal perfection.Therefore,the corroboration rule of oral confession has a bright prospect.