ZHAO Fei-long. Four Basic Questions on Criminal Corroboration Requirement[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2020, 1(5): 68-78. DOI: 10.14092/j.cnki.cn11-3956/c.2020.05.010
Citation: ZHAO Fei-long. Four Basic Questions on Criminal Corroboration Requirement[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2020, 1(5): 68-78. DOI: 10.14092/j.cnki.cn11-3956/c.2020.05.010

Four Basic Questions on Criminal Corroboration Requirement

  • With the development of human judicature, the rule form of criminal corroboration requirement has changed from "open rule + restrictive rule" to open rule, that is, when the sufficiency of criminal evidence is needed, there should be at least one independent source of supplementary evidence.Its proof structure is a convergence structure, which mainly includes three elements: the facts to be proved, the main evidence and the supplementary evidence (or intermediate facts). Strengthening the criminal evidence rules as a guarantee to prove the adequacy of the evidence rule, and "a verdict can't be based on solitary evidence", "criminal verification requirement" has certain similarities, but it is different from the rule of "a verdict can't be based on solitary evidence" in three aspects: the content, the operation mechanism and the proof structure, and it is different from "criminal verification rules" in three aspects: the content of norms, the operating mechanism and the relationship with criminal proof standards.
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