On Confession System Of Criminal Procedure

In the western countries at present, the commentary about confessions concept has two main arguments: one kind is based on the United States, as a representative of the special explained, is accused of the facts of the crime explicitly or directly recognize; another kind is based on the British, as a representative of the generalized explained , is charged with crimes related to the problem making unfavourable to others admit. Confessions system,includs both external value (such as social value and economic value) and intrinsic value (including moral value).Confession is a kind of evidence, with the feature of voluntary and authenticity. Make it or not, is a right of the criminal suspect or the defendant. Confession, on the basis of subject status recognizing and respecting the action of the criminal suspect or defendant, is free against stripped and restricted from Judicial organs.In our country's criminal procedure , the statement of the criminal suspects or the defendant, is a compulsory provisions;and perfect in the regulations and interpretations relatively, lacking of systematic and perfect integration in some ways.In judicial practice, Malicious confession and Illegal forensics happen frequently,because of the judicial personnel relying on the statement too much;Chinese attorney's defense lack of procedural consciousness and ability;lack of effective supervision for judicial organs'behaviors to taking the statement of the criminal suspects or the defendant. These situation in the legislative and judicial of our country's criminal procedure statement system, is deficient in protecting the statement of the criminal suspects or the defendant made voluntary and authenticity, damage substantive justice affecting the harmonious society's construction process.There are two aspects to support the system of statement in Chinese criminal procedure: On the one hand, perfect statement ontology regulation: expand judicial explanation, clear the concept of statements; change the voluntary standard, treat a kind of speech freedom protected by Constitution; limit the ability to determine the content of the statements implied statements ways and Suggestions, etc.On the other hand,improve supporting measures: perfect policing skill and method from the use of technology (such as sound recording and video recording ,etc.), perfect supervision mechanism from adjusting the way of supervision and policing internal and external supervision of procuratorate soundly; perfect the regulation of attorney present right, and improve responsibility consciousness; perfect plea bargain rules and encourage statement, strengthen punishment to the phenomenon of malicious statement and illegal forensics.