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The Study On Oral Confession

Posted on:2005-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:S LuFull Text:PDF
GTID:2156360122492858Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
After the history of legality, oral confession occupies a place unique. Although under the menace of the high-tech its importance becomes lower and lower, oral confession in nowadays is also commonly used in criminal suit. Hardly can we find a sentence without oral confession.With the boom of science, the system of proof develops. Thus oral confession should face so much acute challenges: can oral confession act as the proof in criminal suit? Oral confession can become the proof to the defendant? Is oral confession the source of the criminal extorting confession? Weather oral confession is contrary to the right of keeping -silent? These questions result intense discussions in the jurisconsults. Some of them point that oral confession is and will be at the important position in the system of proof. Some think oral confession has less importance than before, but it cant be abandoned. And the others consist that we should totally give up oral confession. In sum, there is no consensus in these questions.In this paper, I give out my point: oral confession was before, is now and will be one of the most important proofs in the criminal proofs. In order to sustain my opinion, use the history of oral confession, the point of philosophy, the problem of the criminal extort confession, of the presume of innocence, and of the right of keeping silent, extraMy propose is to find a perfect way to constitute the system of oral confession in the detection period, in the lawsuit period and in the hearing period. Also I try to draft the system of oral confession distinction, and a system to limit the right of keeping -silent. After me, only by the way, we can attain real fairness.
Keywords/Search Tags:oral confession, criminal evidence, the value of lawsuit
PDF Full Text Request
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