论言词补强规则的推展与适用——从刑事证据印证模式出发

On the Corroboration Rule of Verbal Evidence and its Application——Take the Criminal Evidence Verification Model as Starting Point

印证模式作为我国司法证明的实践选择,存在固有的适用缺陷和证明风险,随着审判中心主义的推进,我国应当合理构建言词补强规则,以弥补印证模式的概括性缺陷、补位证明活动中传闻规则的缺失。在真实性或可靠性获得保证的前提下,允许法官根据作为关键性证据的直接言词证据认定案件事实,以实现证据裁判与自由心证的衡平。我国言词补强规则的构建,应明确其适用范围及对象。

The verification model,as a practice choice of China＇s judicial proof,has inherent applicable deficiencies and proven risks.Under the trial centrism,we should build rational corroboration rules to make up for deficiencies of the verification model,and to replace the hearsay evidence rule established abroad.We admit judges to ascertain the facts with the main verbal evidence when they were real and reliable.There are only a few provisions of the corroboration rule in our country,and they are not very clear.In practical application,they are often confused with the common models and methods of verification.The basis for establishing the corroboration rule is that the main evidence contains the facts of all the elements of the crime.It requires additional corroborative evidence to ensure and enhance its authenticity or reliability on account of the fact that it has great falsehood risk,to reinforce this dangerous evidence proof of conviction.The corroboration rule in our country should also be built focus on this logical basis.