Study On The System Of Oral

As an important part of evidence system, the system of statement of the accused mainly refers to series of rules, norms and regulations about the conception, the admissibility, the probative force of evidence. Content of statement of the accused system fully reflects balance and option between criminal punishment and human rights protection.The dissertation consists of6parts:In the introduction, the author, through expounding typical problems concerning statement of the accused in21unjust, framed-up and wrong cases, discusses the background and meaning of study on the system of statement of the accused.Chapter1:Statement of the accused and the system of statement of the accused. In this chapter, the author first analyzes the concept and characteristics of statement of the accused, pointing out that the contents of statement of the accused shall not only include confession but also exculpation of the accused. Then in line with vicissitude of history, the author explores the historical changes of the status of statement of the accused in criminal litigation, on the basis of which, the formation and structure of statement of the accused system are discussed. Last the author analyzes the value of statement of the accused and system of it. While having positive aspect, statement of the accused also has its negative aspect. The system of statement of the accused has independent internal and external values. The former includes ensuring the authenticity of statement of the accused, safeguarding human rights and maintaining judicial justice etc. The latter involves social order, freedom and efficiency etc.Chapter2:Justice of obtaining procedure of statement of the accused. In this chapter, the author first elaborates the theoretical base of justice of obtaining procedure of statement of the accused, indicating that justice of this procedure fully reflects conflict and balance between the two values as crime punishment and human right protection. The connotation of justice of obtaining procedure includes legality of obtaining subject, impartiality of procedure contents, practicability of procedure designing and normalization of procedure supervision. Then this chapter focuses on the internal construction of interrogation procedure. Last the author mainly expounds the independence of place of custody, audio-visual fixation of interrogation course, investigation guiding, and supervision of investigation as safeguard measures of interrogation procedure.Chapter3:Rule of voluntariness of statement of the accused. This Chapter clarifies the concept and theoretical orientation of voluntary rule, ways affecting voluntariness, and the proof and investigation of voluntariness. The author also brings up some advice to the establishment and perfection of this rule in China.Chapter4:Corroboration of statement of the accused. This chapter analyzes the concept, theoretical orientation and internal construction of corroboration rule. Corroboration rule is some kind requirement for probative force of statement of the accused, which means when the conviction to the accused depends wholly on a confession by him, there must be other legal evidence to prove it, otherwise the defendant should not be convicted.Chapter5:Exclusionary rule of statement of the accused illegally obtained. This chapter explores choice of value and procedure construction of statement of the accused illegally obtained in practice. Specifically, statement obtained by torture must be excluded, statement getting by other illegal ways such as threat, enticement and deceit should be conditionally utilized, and that whether the fruit of poisonous tree should be excluded depends on different situations. The burden of proof on the legality of statement of the accused rests on prosecuting party, and the standard of proof should be without reasonable doubt.As a conclusion, perfection and implement of system of statement of the accused needs common efforts by legislative and judicial body and all social circles. On thinking level, value of statement of the accused should be correctly understood. While playing an important role in facts proof, statement of the accused has negative effect simultaneously. On legislative level, articles relating to voluntariness, corroboration etc. should be supplemented and amended. On system level, relating systems such as witness by the lawyer during interrogation should be established and perfected. On practical level, scientific mechanism of examination and judgment of statement of the accused should be established and the ability of statement examination and judgment of judicial officials should be further improved while handling cases.