Statements From The System Study

The institution of the accused statement refers to some norms, rules and detail regulations about the conception, the functions, the collection, the examination and judgment of statement of the accused, the admissibility of illegal evidences and the basic rights of defendants that are contained in legal provisions. Statement of the accused institution is the key part of the evidence institution. The statement of the accused is involved in both criminal punishment and human right protection. The different attitudes towards Statement of the accused show the status of democracy, civilization and the rule of law, as well as the harmony and humanism of modern society. Now, Chinese procedural scholars have not made systematic research on the statements of the accused institution and interrelated issues. In the judicial practice, confessions by torture are hard to forbidden and lead to some misjudged cases. Excessively depending on statement of the accused and withdrawing confessions are all hard problems. This article contains eight chapters, the author tries to study the statements of the accused institution and interrelated problems, give some advices to the legislation and the reform of Chinese statement of the accused institution, and hope to contribute to the amendment of Chinese criminal procedural law which is going lying on. Chapter 1: The Conception of Statement of the Accused. In this chapter, the author analyzes the conception of statement of the accused and advises to change the provision of"confession and exculpation of the accused"to "statement of the accused". The author studies the qualification, the contents of statement of the accused, the statement of the accused in the corporation crime, the characters of complicity's statement of the accused, the distinctions between statement of the accused and confession, confession and plea guilt, confession and admission. This chapter also researches on how to understand the evidential characters of defendants' guilty confession in the Chinese judicial notes. Chapter 2: The History of Statement of the Accused. In this chapter, the author analyzes archaic statement of the accused institution in and out China. First, there is statement of the accused institution both in Chinese archaic and foreign archaic evidence institution. Second, in archaic evidence institution, it was judged according to Divinity and God only when it could not be judged by human. Third, the original statement of the accused was composed by plaintiff's statement and defendant's statement about the facts of cases. Forth, both the Chinese archaic evidence institution and foreign archaic evidence institution had pay extreme attentions to guilty statements. Fifth, torture is a legal means for ancient judges to get guilty statements. Sixth, the reason why every evidence institutions do so is the defiance of human rights in arbitrary institutions, presumption of guilt and the limited cognition ability of judges. Chapter 3: The Statement of the Accused in Modern Justice System. In this chapter, the author introduces the changes and developments of statement of the accused institution in China mainland and in Hongkong, Macao, Taiwan; the changes and developments of statement of the accused institution in free evaluation of evidence institution of continental law system; the changes and developments of statement of the accused institution in common law system; and the statements of the accused institution in the United Nations standards of criminal justice. There are some common grounds as follows: establishing the principle of presumption of innocence and against self-incrimination; endowing the right to silence to the accused; stipulating detailed safeguard of the right to silence and exclusionary rules. There are some disparities among regions and countries and Chinese statement of the accused institution have to be reformed and improved. Chapter 4: The Basic Norms and Principles in the Reform of Chinese Statement of the accused Institution. In this chapter, the author analyzes som...