Confessions Theory,

Confession is always the important content of criminal procedure law and criminal evidence law. The core of confession is the relationship between government's power and the rights of suspects and defendents, which reflects the issue how the suspects and defendents are treated when they are facing accusation and judgement.This dissertation consists of an introduction, seven chapters of the text and an epilogue.Chapter 1: Analysis on Confession and Related ConceptsThis chapter consists of two sections, first of which examines the understandings about the concept of confession and gives the author's opinion, and second of which analyses the concepts of evidence competence and weight.Chapter 2: The Historical Vicissitude of Confession SystemThis chapter consists of two sections. The first section is about the history changes and evaluation of Chinese confession system in ancient times, which reviews the evolution and development of Chinese confession system and gives some brief summarization. The second section is about the confession of foreign evidence system in ancient times.Chaper 3: Values of ConfessionFirstly, this chapter points out that the basic values of evidence law are plural.So as the values of evidence law, the values of confession are plural. Secondly, it explores the value system of confession, which consists of the value of order, the value of freedom, the value of justice and the value of efficiency. Eventually, this chapter addresses the value conflicts of confession and the solution to it. Chaper 4: Confession and the System of Criminal ProcedureTo begin with, this chapter discusses the confession system in two kinds of procedure modes and specifies on Chinese confession system in our procedure mode. Furthermore, it explores the relationship beween confession and interrogation system, the contents of which concern the right to silence and the assistance of lawyers. Lastly, it examines the relationship between confession and the ciriminal procedure verdict and puts forward some thinking about the construction of the ciriminal procedure verdict.Chapter 5: The Competence of ConfessionThis chapter is divided into five sections. Section 1 is"the rule of confession voluntariness", which deals with the rule's internal meaning, its developments in the Anglo-American law system and the continental law system, the theoretical basis, the certification and the construction in China. Section2 is"the exclusionary rule of confession illegally obtained", which deals with the rule's internal meaning, its function, the comparative law study on the exclusionary modes, and the construction in China. Section 3 is"the confession and the fruit of poisonous tree doctrine", a discussion on the relationship between confession and the doctrine. As conceptually"fruit of poisonous tree"is divided into"poisonous tree"and"poisonous fruit", the discussion is also divided towards the confession as"poisonous tree"and the confession as"poisonous fruit". Section 4 is"the competence of interrogation record before trial", which deals with the typical provisions of the representative countries of the two law systems, the competence of such records if defected, and the voluntariness involved in such records and possible solutions. Section 5 is "the standardization of lie detection and the legal status of lie detection evidence", which induces and discusses the basic requirements for lie detection, the procedural standardization, and the legal status of evidences so resulted.Chapter 6: The Rule of Confession Weight– Corroboration of ConfessionThis chapter is divided into three sections: Section 1 is"the meaning, nature and function of the rule of confession corroboration". Section 2 is"the application of the rule of confession corroboration", which examines and studies the structural elements. Section 3 is"the nature of accomplice confession and its weight of proof", which first examines the difference and relationship between accomplice and codefendant, and then starts a theoretical probe whether the confessions of accomplices as codefendants corroborates each other so as to give a judgment and the nature of confession of an accomplice not as a codefendant.Chapter 7: The Examination and Judgement of ConfessionThis chapter is divided into two sections. Section 1 is"the examination of voluntariness of confessions", which examines the elements affecting the voluntariness of confession, as well as the standards, contents and methods in such examination. Section 2 is"the examination of legality of confession", which discusses the conditions and the procedure for such examination. Section 3 is"the examination of true confessions", which examines the elements affecting the true confession, as well as the methods and contents in such examination.