孤证不能定案--中国版的证据补强规则

"孤证不为定说"是一个史学概念,后来被引入法学领域,变成了"孤证不能定案",并逐渐成为我国诉讼领域中的一个重要概念.虽然法律从未对其进行过明确的定义和认可,但在司法实践中,"孤证不能定案"却一直起着类似于国外的证据补强规则的作用.与证据补强规则相比,"孤证不能定案"一说的含义既过分笼统,作用范围又缺乏必要限制.因此,有必要借鉴国外的证据补强规则方面的立法经验,将"孤证不能定案"改造成为一项操作性较强的证据规则.

A Verdict Can't Base on Isolated Evidence--The Chinese rule of corroboration

"Final conclusion can't base on isolated evidence" was once a historiography concept.Then it was imported to the law science domain and was named "a verdict can't base on isolated evidence",and gradually became the important concept in the lawsuit field.It is never defined and accepted by the law,but in the justice practice it works as the rule of corroboration does in the foreign countries.Comparing with the rule of corroboration,the meaning of "a verdict can't base on isolated evidence" is too loose,and lack of the essential restriction to the sphere of action.So it is necessary to transform it to the evidence rule with strong operating,by using the legislative experience on the rule of corroboration in foreign countries for reference.