Abstract：The internal mechanism of the rule of solitary evidence is to ensure the accuracy of fact determination in criminal proceedings through the corroboration of multiple evidences, which is a beneficial supplement to the free evaluation of evidence. On the basis of clarifying the principle of “solitary evidence cannot be finalized”, the composition of solitary evidence rule includes two parts. The first is the identification standard of solitary syndrome. Solitary evidence means that there is only one evidence to prove the core facts of the case. Solitary evidence can be either verbal evidence or physical evidence. The judgment of solitary evidence is substantive judgment, and its standard is whether the information sources of evidence are the same. The second is the exception that the solitary evidence cannot be finalized. The former is applicable to the proof of procedural facts, non essential facts and sentencing facts, while the latter includes audio and video recordings that completely record criminal acts, biological organizations left in hidden places, evidence that the defendant was only present at the time of the crime, etc.
韩康. 孤证规则的内在逻辑与制度构成——基于“印证证明模式”展开的论证[J]. 浙江工商大学学报, 2022, 36(4): 164-172.
HAN Kang. Internal Logic and Institutional Composition of Solitary Evidence Rules: Based on the Mode of Evidence Corroboration. Journal of Zhejing Gongshang University, 2022, 36(4): 164-172.
2022, Vol. 36 
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