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Exclusion Of Repeated Confessions

Posted on:2018-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HuFull Text:PDF
GTID:2416330518451634Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Repeat statement is in the illegal evidence exclusion rule,the problems which appear easily in the process of operation on the surface,repeat of confession is legitimate,can be used as evidence.But in its essence,repeat of confession and the complicated relationship between previous confession made repeated confession in practice in a awkward position.Repeated statements for illegal evidence is the premise of existence and the illegal evidence for confession,and causes the diversity of the illegal evidence and instability of oral confession made repeated confession there may be a variety of situations.In the process of criminal proof,whether repeated statements should be ruled out and out of range,from theoretical basis,value basis and reasons and so on various aspects comprehensive judge.Repeat a confession out of the case has a close relationship with,the criterions for the conviction is a complex but must solve the problem.This article through four chapters to this problem is discussed,in order to repeat problem statement in the establishment of our country and operation.The first chapter the concept of repetition of confession and recognized standard is defined,and explains the rules related to repeated statements,and raises its relationship with the repetition of confession.The second chapter is theoretical basis and the value of the repeated confession elimination rule.From the human rights theory,control theory of illegal,false exclusion theory three aspects to that.From repeated confession to rule out the practical significance and the real reason for the need for a repeat of confession excluded are analyzed.The third chapter discusses the repeat statement from exclusion of basis and scope.By based on the analysis of the correlation rules apply for abroad,trying to explore China's repeated confession excluded on the basis of choice.The fourth chapter expounds the repetition of confession out specific implementation program.From the repeated confession excluded the burden of proof,the proof standard and relief measures,and puts forward to repeating the confession evidence independent system of the referee.
Keywords/Search Tags:Repeat statements, Illegal evidence, The range of exclusion, Continue to effect
PDF Full Text Request
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