孤证规则的内在逻辑与制度构成——基于“印证证明模式”展开的论证

孤证规则的内在机理，是通过多个证据的相互印证确保刑事诉讼中事实认定的准确性，是对自由心证的有益补充。在明确“孤证不能定案”原则的基础上，孤证规则的构成包括两部分内容。一是孤证的认定标准。孤证，是指证明案件核心事实的证据只有一个，孤证既可以是言词证据也可以是实物证据。孤证的判断是实质判断，其标准是证据的信息来源是否同一。二是孤证不能定案的例外。包括“因待证事实证明标准降低而设置的例外”和“基于经验法则而设置的例外”，前者适用于对程序性事实、非要件事实、量刑事实的证明，后者则包括完整记录犯罪行为的录音录像、遗留在隐蔽位置的生物组织、证明被告人案发时唯一在场的证据等。

Internal Logic and Institutional Composition of Solitary Evidence Rules: Based on the Mode of Evidence Corroboration

The internal mechanism of the rule of solitary evidence is to ensure the accuracy of fact determination in criminal proceedings through the corroboration of multiple evidences, which is a beneficial supplement to the free evaluation of evidence. On the basis of clarifying the principle of “solitary evidence cannot be finalized”, the composition of solitary evidence rule includes two parts. The first is the identification standard of solitary syndrome. Solitary evidence means that there is only one evidence to prove the core facts of the case. Solitary evidence can be either verbal evidence or physical evidence. The judgment of solitary evidence is substantive judgment, and its standard is whether the information sources of evidence are the same. The second is the exception that the solitary evidence cannot be finalized. The former is applicable to the proof of procedural facts, non essential facts and sentencing facts, while the latter includes audio and video recordings that completely record criminal acts, biological organizations left in hidden places, evidence that the defendant was only present at the time of the crime, etc.