论我国自白补强证据规则之架构

自白补强证据规则对于解决疑难案件具有重大的理论及实践意义,但我国对该规则的运用尚处于经验层面。补强证据须独立于被告人供述且有证据能力,补强的对象是被告人供述。被告人的主观方面不应要求补强,犯罪的客观方面应采“实质说”,而专门性知识的引入是被告人与犯罪行为人的同一性补强中的关键。

On the Framework of the Corroborative Evidence Rules of Confession in China

The corroborative evidence rules of confession are of great significance in solving difficult cases both theoretically and practically.However,the application of these rules in China is still at the experience level.The corroborative evidences should be independent from the confession of the defendant and must be effective as evidences.The corroborative object is the confession of the defendant but not his subjective will.The theory of fact should be applied for the objective elements of a criminal case and the introduction of professional knowledge is the key point for the identified corroboration between the defendant and the offender.