| Corroboration refers to the mode of proof in which the identity of information contained in different evidences in the criminal procedure law, including identical connotations and directions, are used to prove a fact. The significance of corroboration is highlighted in the situation in which there are conflicting evidences, especially conflicting testimonies, and fact-finding is difficult. Corroboration can be universally used in the judgment of evidence. Corroboration, "atomic mode" and "integrated mode" are definitions of proof modes in different contexts. The basic principles behind corroboration are coherentism, theory of correspondence, and induction and abduction. Elements considered in corroboration include:the quality, quantity and clarity of evidence; whether there's any objective evidence, especially disguised evidence; whether empirical rules are obeyed; whether the judgment of individual evidence conforms to the overall conclusion; whether there are any reasonable differences, etc. The misuse of corroboration in judicial practice is manifested in such practices as obtaining evidence illegally, paying attention only to the corroboration of individual facts while neglecting the judgment of the whole case, defying the rules of proof, and neglecting the function of free evaluation. With the transformation of the concept of truth, the adjustment of the standard of proof, the implementation of accountability system and the "substantiation of court trial", now the conditions are ripe for the reform of the proof mode of corroboration in China. The main direction of the reform is to adhere to corroboration while attaching more significance to free evaluation. |
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