Research On The Hidden Evidence Rules In Criminal Case

China has a special attachment to oral confession since ancient times.The confession of the defendant is often the basic basis for conviction and sentencing.In order to obtain the oral confession of the interrogated more efficiently,the means of extorting a confession are normalized during interrogation.Although the current law has always strictly prohibited torture,this vicious act is not uncommon.Typical cases of injustice,falsehood,and error,such as the Zhao Zuohai case and the Nie Shubin case,have attracted widespread attention.Concealed evidence occupies an important position in practical applications,and its incorrect application may lead to serious consequences."Concealed evidence" is known as the "most reliable evidence" in practice,and its main function is to reinforce oral confession.Because it often contains case information that only the perpetrator can know,the concealed evidence found through the confession of the suspect can not only verify the authenticity of the confession,but also establish a direct link between the perpetrator and the case facts.In practice,there are many cases where covert evidence and statements corroborate each other."Confessions reinforced by hidden evidence can lead to a judge’s inner conviction,but it is not uncommon for them to lead to erroneous cases.There are typical cases of false reinforcement of hidden evidence both at home and abroad,and the discovery of erroneous cases indicates that even confessions reinforced by hidden evidence are not as solid and reliable as expected.".Based on this,the focus of this article is to explore the positive value of the existence of the system through the deconstruction of practical problems one by one,and propose systematic suggestions for improving the system based on scholars’ research to assist judges in making correct decisions.Focusing on this research focus,this article launches a specific discussion,with a total of four chapters in the full text.The first chapter is the basic theory of covert evidence.This chapter is divided into three sections.The first part discusses the meaning and characteristics of covert evidence,as well as the characteristics of covert evidence rules and their relationship with other evidence rules.The second part sorts out the structure of hidden evidence rules,and finally introduces the conviction logic of hidden evidence rules.Start with basic concepts to prepare for the following discussion.The second chapter mainly summarizes the value of hidden evidence from the following four aspects,including:promoting procedural justice,ensuring substantive justice,protecting litigation rights,and improving judicial efficiency.The third chapter mainly reflects on the application of covert evidence rules in China.This chapter is divided into two parts,namely theoretical reflection and practical reflection.In theory,first of all,the limitations on the types of corroborating evidence are too narrow;Secondly,the probative power of "proof before proof" is different from that of "proof after proof";Next,the rule has a positive conviction orientation.Finally,the law is not clear about the handling of evidence that does not meet the conditions.At the practical level,first of all,judicial personnel excessively exaggerate hidden evidence;Secondly,the guarantee effect of "excluding the possibility of collusion,extortion,and inducement of confessions" is limited;Moreover,different cases require different levels of reinforcement;Finally,the existence of false statements has become an obstacle to the reliability of covert evidence.The fourth chapter combines the problems in the application of the hidden evidence rule mentioned in the previous chapter,and proposes a perfect path suitable for China’s judicial practice around the three major aspects of legal article theory,judicial personnel,and related systems.Firstly,it is necessary to apply the hidden evidence rules according to the specific nature of the case.In felony cases,the emphasis is on preventing the occurrence of false statements,while in misdemeanor cases,the efficiency value can be appropriately considered;Secondly,standardize the means of obtaining evidence for judicial personnel,and propose several precautions for the interrogation of investigators;Then,put forward improvement suggestions on how to further reduce the risk of false statements;Next,using foreign experience for reference,establish a standard for using covert information to review the credibility of confessions;Finally,improve the audio and video recording system and give play to its two-way protection function.