A Study On The Evidence Review Model For Atypical Rape Cases

In recent years,unlike most previous cases of rape,"stranger + violence" model,"acquaintance + Non Violence" model of the proportion of atypical rape cases gradually increased.Between atypical rape occurred in friends and fellow colleagues and friends understand each other acquaintances,the location tend to be relatively independent of the space,the behavior of people almost no compulsion or coercion is unlikely,the victim did not resist or resist minor and trace behavior is not obvious,the suspect often argued that the behavior of victims of victims voluntary,and the victim in the case investigation and trial stage statements often appear repeatedly,these new cases,made in China’s criminal judicial practice,cognizance of SARS type rape cases is difficult to review the evidence.Therefore,we need to reflect on the problems faced in the judicial practice of atypical rape evidence review,which is not only conducive to the identification of the facts of the case,but also conducive to the realization of the goal of justice.This paper is divided into three parts:The first part of the analysis of the atypical in the judicial practice of China’s rape case due to insufficient evidence review mode,specifically the following points,one is the "Mutual Corroboration" that deficiencies in the practical application of the model;two is "rule of thumb"in practice;three is hearsay evidence into court.At the same time,due to the particularity of the atypical rape cases,the previous statements of both parties have the variability,which undoubtedly increases the difficulty of the examination of evidence.The second part,through a specific case,on the basis of investigating the evidence qualification and probative force of the evidence in the case of atypical rape,analyzes the problem of evidence identification in the case of atypical rape.The criminal activity is essentially a collect,examine and judge evidence,and using the verified evidence to prove the facts of the case,to confirm a dynamic process of the crime and the criminal responsibility shall be investigated according to law,which rely on the review of the evidence to determine the case is applicable laws and regulations,the basis and premise.Therefore the analysis of evidence"evidence" and "evidence",and then regulate the formation process of cutting understanding of admissibility of evidence and facts in the litigation process is the most important.The third part is a further reflection on the mode of evidence review of atypical rape cases in our country,and puts forward the relevant improvement measures according to the existing problems of the current model of atypical rape cases.This paper argues that the atypical rape evidence review model should be based on the principle of direct and verbal confrontation and mainly used,with perfect supporting system.However,due to the fact that the previous statement in the case of atypical rape has been proved to be more varied and its probative force is not guaranteed,the review of the previous statement should also be improved.