—以 836 份刑事判决为样本

潘金贵 赵飞龙

（西南政法大学法学院，重庆 401120）

【摘 要】刑事补强证据规则的完善是刑事证据规则体系化建设的重要内容之一。在实践适用中，刑事补强证据规则不仅适用极少，且实践效果尚未达到其理论期许。主要存在压缩孤证不能定案规则的适用范围、适用方式为瑕疵证据补正规则所置换，以及刑事补强证据规则适用的印证化处理三个方面的功能异化。就此，应在厘清辅助证据、补强证据以及印证证据三者之间关系的基础上，将刑事补强证据规则的适用对象限定为九类证明力存疑的证据。明确补强证据的三个特性，将传闻证据等三类证据排除于补强证据的范围之外。同时，“以待证事实的重要性为主，以辩方是否提出质疑为辅”作为标准，限定刑事补强证据规则适用的待证事实范围。

【关键词】刑事补强证据规则；样态；问题；完善

【中图分类号】D915.13

【文献标识码】A

【文章编号】1674-1226（2020）05-0517-17

Modality, problems and improvement of the corroboration rule in criminal procedure: taking 836 criminal judgments as samples. Pan Jingui, Zhao Feilong. Law school, Southwest University of Political Science & Law, Chongqing 401120, China.

【Abstract】Improvement of the corroboration rule in criminal procedure is one of the significant parts of the systematic construction of the criminal evidence rules. The rule is rarely applied in practice, and its effect does not fit the theoretical expectation. There are mainly three aspects of functional alienation of this rule: i) narrowing application of “the conviction cannot be made base on an isolated evidence”, ii) the replacement by another rule on correction for defective evidence, and iii) the mutual corroboration processing applied to the rule. Therefore, on the basis of clarifying the relationship among secondary evidence, corroborating evidence and evidence for mutual corroboration, here the applicable subject of the corroboration rule in criminal procedure should be limited to nine types of evidence with doubtful probative value. The three main characters of corroborating evidence should be clarified. And three types of evidence including hearsay should be excluded from the scope of corroborating evidence. In the meanwhile, the principle that "focus on the importance of the factum probandum, and take doubts raised by the defendant as a supplement" shall be treated as a criterion so as to limit the application of the factum probandum of the rule on corroboration in criminal procedure.

【Key Words】The corroboration rule in criminal procedure; Modality; Problems; Improvement