1. At least two pieces of evidence form a chain of evidence. So the sources of these two evidences must be independent? Professor Chen Ruihua of Peking University Law School believes that verification "mainly refers to the verification of the authenticity and reliability of two or more evidences with independent information sources".
2. If two pieces of evidence are not obtained from independent sources, that is, one piece of evidence is found according to the information clues provided by the other piece of evidence, then the two pieces of evidence must be internally related and in the same direction, which can mutually confirm, otherwise the other piece of evidence cannot be found according to one piece of evidence. ?
3. Independent evidence cannot support the other party to prove its authenticity, and its authenticity is in doubt. It needs to be verified with other evidence obtained from independent sources to confirm its authenticity and probative force. Therefore, the evidence that constitutes the evidence chain must be obtained from at least two independent sources in order to determine the facts of the case. ?
Second, there is at least one core evidence in the evidence chain?
1, the evidence chain consists of more than two pieces of evidence, some of which contain factual information close to the facts to be proved in the case, which has strong probative power to the facts to be proved in the case; Some evidence contains factual information far from the facts to be proved in the case, and the probative power of the facts to be proved in the case is weak.
2. Criminal proceedings involve depriving the defendant of property, freedom and even life. Once misjudgment or misjudgment causes serious damage to the defendant, it is necessary to set strict proof standards to prevent misjudgment or misjudgment. Therefore, there must be at least one strong core evidence in the evidence chain, otherwise even if there are a large number of non-core evidence, it will not reach the standard of proof to exclude reasonable doubt and the facts of the case will not be ascertained. ?
Third, the appearance of "negative confirmation" should be eliminated by new confirmation?
1. From the evidence submitted by both the prosecution and the defense, if contradictions or doubts are found, that is, there is a phenomenon of "anti-confirmation", new evidence shall be provided to confirm the contradictions or doubts. When examining and judging whether the evidence is established and whether a complete chain of evidence can be formed, we should not only pay attention to the evidence that proves the defendant guilty, but also comprehensively examine and judge the evidence submitted by both the prosecution and the defense.
2. If there are contradictions or doubts between the evidences, new evidences shall be added to eliminate them. In China's judicial practice, the evidence submitted by one-sided regulators to prove the defendant's guilt confirms each other, while the evidence submitted by the defense to prove the defendant's innocence is ignored. This tendency in judicial practice is likely to lead to misjudged cases or misjudged cases, resulting in unjust, false and misjudged cases and infringing on the legitimate rights and interests of defendants. ?
Extended data:
Requirements for the chain of evidence:
First of all, the evidence in the evidence chain must be qualified.
1, the so-called qualified means that the evidence must be admissible. Admissibility requires that the evidence must meet: 1. The evidence must be related to the facts of the case. Evidence must have some connection with the facts of the case, so it is of practical significance to prove the case. 2 evidence not prohibited by law, including forms and methods of obtaining evidence prohibited by law.
Second, the evidence chain formed can prove the object of proof of the case.
1. As the initial link of proof, the object of proof refers to the facts of the case that need to be proved by evidence in the proof activities. The object of proof in criminal proceedings mainly refers to the facts about the constitutive elements of criminal acts and the circumstances of sentencing. Articles 50 and 227 of the Criminal Procedure Law respectively stipulate the facts of substantive elements and procedural elements in the object of proof in criminal proceedings.
2. Facts that prove the substantive elements of the object include:
(1) The constitutive elements of the alleged crime are generally considered to include the criminal object, the criminal subject, the objective aspect of the crime and the subjective aspect of the crime.
(2) Various sentencing circumstances and facts related to the determination of the severity of criminal acts.
(3) Exclude the fact that the act is illegal and punishable and the criminal responsibility of the actor.
Three, the evidence in the chain of evidence must be able to confirm each other and eliminate reasonable doubts.
1. Mutual corroboration of evidence is an activity of comparing and testing a certain evidence with other evidence in a case to find out the facts of the case and then prove the facts of the case.
2. Whether it is the accusation evidence provided by the prosecution or the defense evidence provided by the defense, the judge must pay attention to the mutual confirmation of evidence when adopting a certain evidence and determining the facts of the case according to the evidence of the whole case. Evidence must be supported by other evidence containing the same information. There can be no contradiction between the evidence of the whole case, and the facts of the case should be proved to be consistent.
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