Research On The System Of Confession

This thesis studies the basic principle of confession system as the main research content, it studies confession system from the perspective of the basic principle, and puts forward a scientific theoretical system creatively.The article is divided into the following several parts:The "introduction" part of this thesis describes and evaluates the research status at home and abroad, analyzes the research significance, and proposes an innovative design of research target, fitting problem and the place of innovation. In the first chapter "the evolution of our confession system", the auther analyzes the evolution of confession system before and after the founding of new China, and combs the historical context about our confession system systematically. The second chapter "the investigation of outside confession system" section, systematically summarizes the characteristics of system of confession in foreign criminal law and draws a scientific conclusion. The third chapter "the concept, characteristics and classification of the confession"part, scientifically defines the concept of the confession, analyzes the characteristics of the confession, and classifies the confession reasonably. The fourth chapter "the foundations of the confession system" part, carries on the deep discussion about on the foundation of confession system. Because the existing literature discusses the foundation of the confession system not much, and the few some discussions on the breadth of the depth of the study were not enough, the author’s doctrine in this section is more, the foundations of the eight for the confession system is unearthed, the foundations of the eight are:the legal foundation; policy basis; practice foundation; the fact foundation; theoretical foundations; the ethical foundation; human nature foundation; cultural foundation. The fifth chapter" the analysis about the value of the confession " part, analyses the grounding problem of the establishment of system of confession, namely the value of the confession system. The author in this section demonstrates the justice value and efficiency value about the confession deeply. The sixth chapter analyzes the established requirements, first analyzes the common elements for general confession and special confession, then discusses the special requirements of both respectively. The section of the chapter 7 "the acknowledgment of confession", correctly distinguishes between confession and surrender, contribution; analyzes the problems of confession of joint crime seriously,deeply discusses the problems about the confession of unit crime, the confession of negligence crime and the confession of crimes during the "provision-provision"and"designation-designation". "The encounter of confession" in chapter 8, analyzes the characteristics, the applicable principles and judicial discretion about the encounter of confession. The chapter 9 "defects and improvement of confession system", analyzes the legislative defects of confession system, judicial interpretation problems of confession system, and puts forward some feasible suggestions.