论刑事错案与口供证据规则

刑事错案范围的界定必须考虑到对被判刑人的权利保障,因此无罪错判有罪和轻罪错判重罪的案件才属于应当纠正的错案。错案的发生与刑讯逼供等非法取证行为密切相关,导致刑讯逼供的原因是我国刑事诉讼中形成的口供中心主义的证明机制。对待口供证据应持理性态度,不应抛弃口供证据,但应从证据能力和证明力两个方面限制口供的运用。我国的刑事诉讼法和相关司法解释确立了口供任意性规则、口供排除规则以及口供补强规则,可以规范口供证据的使用。

Misjudged Criminal Cases and Rules of Testimonial Proof

It is essential to consider guaranteeing the rights of sentenced persons while defining the scope of misjudged criminal cases. Therefore, cases in which the innocent is convicted, or in which those with misdemeanors are convicted of felonies, should fall into the scope of misjudged cases that need correction. The existence of misjudged cases is closely related to illegal forensics behaviors including extorting confessions by torture, which results from the evidence mechanism of confession centrism exiting in China＇ s criminal procedures. Testimonial proof should be treated rationally and not be rejected, but their application should be restricted in the two aspects of competence of evidence and probative force. The voluntary confession rule, confession exclusionary rule, rule of corroboration to confession, which have been established in China＇ s Criminal Procedure Law and relevant judicial interpretations, may regulate the application of testimonial proof.