Research On Admissibility Of Oral Statement Of The Accused

Because oral statement of the accused has extremely important function in finding out the case truth, judicial officials always paid close attention to it. As result, the behavior of fetching oral confession illegally remained incessant after repeatedly prohibition, which caused serious danger. In most countries it has already reached common understanding that the competency of an oral statement should be limit, and the oral confession must be made voluntarily, the right guarantee should be strengthened also. Especially in our country, under the situation that the admissibility rules of oral statement of the accused is still not perfect, strengthening the study on it has extremely important realistic meanings.The article started with defining the concept of the oral statement of the accused, analysis the characteristic, meaning, standard and research value of it. Via the introduction to the general principle of the admissibility of evidence, the article thereafter has been investigated the important rule about the admissibility of oral confession, which centered on the privilege against self-incrimination. After that, through investigating the theory foundation ,historical development, legislation and judicial practice of the admissibility of the oral confession in some representative countries, this article have summarized the common law and the difference existing on the admissibility of oral confession in different countries. Finally, through analyzing the deficiency existing on the adopting question in oral confession in our country the article has offered the suggestion of perfecting.