| Currently the researches on the corroboration mode of proof in China mostly focus on the level of empirical phenomenon, while ignoring the ultimate questions of proof mode, namely how to find the truth through evidences and what the core elements of and functional mechanism for judicial proof are. The corroboration mode of proof, as the representative of the traditional judicial proof theories and practices in China, neglects the analysis of judicial reasoning and the function of “narratives” and “generalizations”. It relies on core evidences and underestimates subsidiary evidences, focuses on the one-way linear inference and ignores the argument structure, thus leading to its limitation in finding the truth. According to the general principle of the judicial proof, the fundamental way to realize the fact-finding purpose of criminal procedure law is to establish a comprehensive proof mode that takes the natural historical fact as its object of proof, integrates core evidences and subsidiary evidences and allows for probabilistic inferences. |
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