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On Withdrawn Confession

Posted on:2012-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:S X FanFull Text:PDF
GTID:2166330338495036Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our judicial practice, the rate of the confession phenomenon is high, and the confession phenomenon has become a serious problem. In order to fight crime ,complete work rapidly, and cover such violence evils, judicial personnel tend to think confession is not a good thing, and ignore it. The criminal suspect and the defendant repeatedly violated, which influence procedural justice and the value goal of justice and efficiency the realization, making our judicial impartiality and authoritative damaged. In our country, first consideration of the aroused of confession is institutional reasons .Through the reform and perfection of system, we understand the characteristics and reasons of criminal suspects and defendants , analyze various factors caused produced confession, and put forward the control system , which has great theoretical and realistic significance. From the realistic national conditions and the view of development's point, we should set up a broader view of criminal judicial reform, deal with the relationship of fighting crimes and protecting human rights. We should protect human rights while suppress malicious confession phenomenon.This paper mainly points from three parts, the first part is the concept, characteristic, classification and function of the confession, so we have a basic understanding of confession; The second part elaborate the system ,psychological and the external factors of the confession phenomenon, and analysis them concern of some real-life case, making it more deeply; The third part ,aiming at the reason of the second part, put forward some opinions in China, in order to restrain the phenomenon of the confession.
Keywords/Search Tags:Retracting confession, Lawsuit, Evidence, Torture
PDF Full Text Request
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