The Study Of Confession Forbidden Rules In Criminal Procedure

This thesis can be generalized as four parts, namely the basic connotation and established factors, the legislation and enforcement in alien country, the status of this rule in our country and the basic suggestions when we reconstruct our confession forbidden reason. The second and the third part are the core of this thesis. I hope to find the really differences between our country and alien country, and to reconstruct our confession forbidden rules at this logical point.In the first part, I discussed the basic connotation of confession forbidden rules and established factors. I think we should have acquaintance with its basic connotation, the status in evidence system and the essential doctrines. Meanwhile, I have already give my viewpoint about these doctrines. In the thesis's second part, I introduced the legislation and enforcement in three western countries. I have reviewed the condition of confession forbidden rules in the Britain, United States and Germany according to legislation and prejudication. I have made torture to confessions, deceive, threaten and allure clear step by step. Meanwhile, I have analyzed the signification to our country after every country's introduction..What about confession forbidden rules in our country after knowing these above the alien? This topic I will illustrate in the third part. I want to illustrate it from two parts, namely the enforcement of confession forbidden rules in our country and the factors of limitation. When refer to the enforcement in our country, I have not only introduced the legislation in our country and also analyzed the detail of torture to confessions, deceive, threaten and allure in practice. Furthermore, I analyzed the factors of limitation of our confession forbidden rules from four parts, namely the development of economic and culture, human rights and constitutionalism, control crime and protect human rights, the limited resource of investigation.After analyzing and comparing the confession forbidden rules between China and the foreign countries, in the last part I think we should reconstruct it. I think a whole confession forbidden rules should include these points: firstly we should forbid torture to confessions, secondly we should review the detail about deceive, threaten and allure; thirdly we should forbid some actions violated procedure seriously. All of these are prescribed in above foreign countries. Consequently, I hope we should reconstruct the whole confession forbidden rules in future from the three parts.