Selection and Improvement of Confession Corroboration Model
At present,China's legislation only provides principled provisions for the confession corroboration rules,and judi-cial practice lacks unified application standards,resulting in a serious problem of"formal corroboration".In the United States,detailed provisions have been made for the confession corroboration,and two corroboration models have been formed,namely the"Corpus Delicti Rule"and the"Trustworthiness Requirement".But these two models lack comprehensiveness in their scope of corroboration,and there is a possibility of erroneous conviction when applied separately.Starting from the legis-lative intention,the judicial status quo and the consideration of achieving effective criminal prosecution purposes,it is more appropriate for China to adopt the integrated model of the"factual corroboration"and the"detailed corroboration",which substantively strengthens the defendant's confession from three aspects:criminal results,criminal behavior,and criminal subjects.At the same time,the corroborative evidence generally does not include the accomplice's confession,and must be independent of the defendant's confession or be new evidence.The degree of corroboration must be such that,in combination with the defendant's confession,the evidence in the case meets the standard of proof of"sufficient and reliable evidence".
confession corroborationcorpus delicti ruletrustworthiness requirementintegrated model
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