论庭前证供-诉讼法学专业论文.docxVIP

II II Abstract Testimony and confession provided before court refers to the presentation in respect of facts of the case submitted by the respondent or witness to the judicial authority before trial.Its corresponding concept is testimony and confession provided in court. The difference between these two concepts is the making time. Testimony and confession provided before court as an important type of evidence is valuable for finding out the case fact and accurate affirm with judging the case.Any fact or material must contain two requisitions if it can be proved to be the evidence in criminal procedure.The one is “Competence of evidence”,and the other one is “Probative Force”. In Anglo-Americanlaw system, the competence of evidence of testimony and confession provided before court mainly relies on a series of rules of criminal evidence to achieve. Rules of criminal evidence about testimony and confession provided before court stipulate some stander and method for judging proof reliability in differint views.These rules of criminal evidence nomally include hearsay rule,exclusionary rule of illegally obtained evidence, relevancy rule and so on. Firstly,judging the probative force of testimony provided before court should follow the theory and method of free evaluation of evidence through inner conviction. More importantly, free evaluation of evidence through inner conviction should be in the whole corse of the procedure of litigantion. Secondly, it’s also need to make a concrete analysis of concrete problems, according to the characteristics of testimony and confession of the accused provided before court. In criminal trial, if a material witness fails to appear in court,he is willing to offer written testimony. Becauseof the necessity and credibility, written testimony can be used in some situations,although the crime suspect,the accused and the witness appear in court ,they possibly make completely different s