“一对一”强奸案中印证模式的适用问题分析.pdfVIP

Abstract The admissibility of the victim‟s verbal evidence in the “one on one” rape cases, has been a difficulty in juridical practice, in order to solve this problem, law experts also make a lot of discussions in our country. The reason why these cases are difficult to confirm is that: One side, the particularity of these one on one rape cases determines the difficulty of the cognizance of such cases. First, evidence is insufficient, and most of them are labile verbal evidence. Second, it will be more complicated in proving whether malefaction breaches women‟ will than other “one on one” rape cases. On the other side, in practice, the judicial office follows a kind of proof mode under mutual corroboration, since mutual corroboration has been emphasized badly, “one on one” cases become a problem of litigation proof. Many deficiencies has been exposed under the proof model of high standards in the application of the one on one rape cases. Therefore, we need to think seriously about such problems. This paper includes three pars: introduction, text and epilogue, there are about 21000 words. The first part: first, the author makes a preliminary explanation about one on one rape cases. Second, combining with the interview from four prosecutors of public prosecution department and four judges of criminal tribunals, the author combs the specific cognizance way in practice. The second part aims at analyzing how proof mode under mutual corroboration to apply in one on one rape cases. First, the author illustrates the characteristics, essence, and their own advantages of proof mode, and makes a distinction between it and free evaluation of evidence. Second, the author briefly illustrates how such cases are recognized by judicial personnel in practice.