Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of the Jurist (法学家) Volume 7

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 7 is the fourth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 7: Corroboration and inference to the best explanation: diversification of the mode of criminal proof

Luo Weipeng

Abstract

The corroboration mode has been becoming more accepted as a mode of criminal proof in China by scholars and in practice, but some current research has questioned its validity. The problems of definition, effect and method are the main defects of the corroboration mode which are criticized by some scholars. To solve these problems, we should initially put aside the unnecessary notional disputes, then improve the system environment for running the corroboration mode more effectively and explore a new mode of proof. Now, the essential task for us is to explore what the new proof mode is, so as to offset the defects of the corroboration mode. Inference to the best explanation has the function of testing the effect of corroboration, explaining the meaning of isolated evidence, and enhancing the accuracy of the corroboration among evidence, so it can be introduced into the judicial field as a new kind of mode for judicial proof.

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