同案犯口供证据运用问题分析.pdfVIP

第四部分：同案犯口供运用的相关程序问题。在分案审理问题上，需要正确认识分 案、并案制度并非为解决同案犯口供证据不足问题而设，司法实务中也不能人为地利用 分案与并案审理来解决证据不足的问题。立法上需要对合并审理的情况予以明确规制， 同时设定可以分案审理的例外情形，从根本上杜绝人为恣意分并案的情况；在同案犯口 供质证问题上，需要强化对质诘问，没有经过对质的同案犯口供仍具有证据能力，但是 裁判者很可能因此形成证明力低的心证；在同案犯口供认证问题上，需要灵活把握印证 规则。在对同案犯口供进行判断及补强时，辅之以经验法则、辅助证据的运用，不仅要 顺向思维，更要逆向判断；如果出现不同意见，应当在判决书中展示心证过程，以备上 诉审审查。 关键词：同案犯；口供；证人适格；口供补强；程序完善 2 Abstract Co-defendant‟s confession is verbal evidence, which has a high subjective content .But it is a valuable evidence, and sometimes can reflect the real situation of the case. For the use of the confession, academic circle has not reached a consensus. The basic attribute, credibility and the weight of proof are highly theoretical and practical propositions. Whether the co-defendant‟s confession can be used or not? How to use? It relates to the qualifications of witness, the weight of proof and many other issues, must be evaluated carefully. According to the foreign experiences and the reality of our country, this article would sort out the above problems and improve the application. In addition to the introduction, the structure of the article is divided into four parts. Chapter one: the definition of co-defendant and the confession. What is the co-defendant ? It is a basic problem of this article. Defined from the physical meaning, it refers to the common crime. If the case word is explained from the procedural meaning, it refers to the joint trial. The two ways ar e both embodied in the legislation, so both of them belong to the range of study. Additionally, the classification of co-defendant‟s confession is more complex, it is difficult to clarify .We need to analyse concrete problems in practice. Chapter two: the qualifications of witness. The defendant is accused of criminal cases, but h