The Research On The Examination Procedure Of The Verbal Evidence Within The Mode Of Confirmation

The formal form of trial has always been the ill-health of criminal proceedings in China.Since the Fourth Plenary Session of the 18 th CPC Central Committee,it has been clarified that the reform of the litigation system centered on trials should be‘guaranteeed in the trial to identify facts,identify evidence,protect the right to appeal,and play fair judgment'.Since the decisive role,how to play the substantive role of the trial,especially the function of the examination procedure of the evidence,has become a key to the reform of the litigation system.In addition,with the reflection of the mode of confirmation in the process of criminal litigation in the theoretical and practical circles,more and more scholars have noticed the impact of the mode of con-firmation on the specific operation of the trial proceedings,which undoubtedly prov-ided a substantial reform for the trial.A deeper entry point.In view of this,this paper attempts to analyze and discuss the examination procedure of the verbal evidence of the court trial from the mode of confirmation,in order to provide suggestions for the improvement of the procedure.First of all,the research value of the examination procedure of the evidence itself should be clarified.The examination procedure of the evidence have the functions of case identification and due process control,which are of great value in the realization of criminal proceedings.However,the examination procedure of the evidence inChi-na is embedded in the court investigation evidence investigation procedure.There is no independent evidence-testing procedure in the full sense.Therefore,although the cross-examination is emphasized in judicial practice,it does not elaborate on the ope-ration of the cross-examination procedure.Among them,in the examination procedure of the evidence of various types of evidence,because of its own evidentiary character-istics and transcripts in judicial practice,verbal evidence is often the focus of the cer-tificate in the trial process.Therefore,the examination procedure of the evidence is quite valuable.Secondly,the mode of confirmation should be used as the entry point to carry out positive analysis and argumentation on the internal operation of the examination procedure of the verbal evidence.As the key to reviewing the facts of the case,the examination procedure of the verbal evidence can be used for the fair confrontation between the prosecution and the defense in the court,and the supervision and restr-iction of the evidence collection and review process for the criminal judicial organs before the court,and the realization of this function It is not a simple repetition and secondary confirmation of the evidence activities before the court,so there should be differences in the method of evidence.However,in the judicial practice,the evidence collection and review and judgment process before the court use the mode of the ju-dge's heart test at the trial,that is,the mode of confirmation,which is bound to cause greater obstacles to the effective operation of the examination procedure of the verbal evidence during the trial.The proper operation of the program is guided by the proof mode and has the characteristics of proof.Thirdly,in order to ensure the continuity of the analysis conclusions,the proble-ms arising in the external operation process of the examination procedure of the ver-bal evidence should be used to carry out the reverse analysis and reasoning from the perspective of the mode of confirmation.In the specific operation process of the ex-amination procedure of the verbal evidence,it often shows the inability to crossexa-mination caused by incomplete evidence collection,the ineffective cross-examination problem of formal hearing,and the disorderly cross-examinationproblem caused by the fuzzy specification of the procedure itself.Although the reasons for the problems in the above-mentioned procedures are related to the transcripts and norms of verbal evidence to a certain extent,they are only used as a starting point to formulate perfect measures.In judicial practice,it is easy to consider the internal influences.Factors that make it difficult to implement.In fact,the transcript of verbal evidence complem-ents the pattern of the mode of confirmation,which strengthens each other's importa-nce in criminal proceedings,thus gradually erecting the original functional value of the procedure,leading to the specific operational problems of the examination proce-dure of the verbal evidence in judicial practice.Finally,after clarifying the relevant influence of the mode of confirmation on the operation of the examination procedure of the verbal evidence,it should proceed from the perspective of the mode of confirmation,and take the lack of existing reform mea-sures,and propose a corresponding program improvement concept.In this regard,the author believes that from the value orientation of the examination procedure of the verbal evidence itself,it should return to the function of independent review of single evidence,to supervise and restrict the evidence activities before the court,and to imp-rove the evidence method and clear the evidence object according to the function.Improve the relevant mechanisms,so as to examine the substantive operation of the examination procedure of the verbal evidence of the trail,and ensure the substantive and procedural fairness of the facts found in criminal cases.