Research On Withdrawn Confessions

In current judicial practice,"withdrawn confession"generally refers to the guilty declaration which the suspect, the accused person overthrows does. the popularity of withdrawn confession has become a prominent problem.withdrawn confession not only to delay the litigation process, increased costs of legal proceedings on the construction of the rule of law country also had a negative impact. Because of the lack of relevant laws and regulations on the treatment of estoppel different. For the efficiency of the proceedings and fighting against crime,or to conceal illegal evidence and some other ugly phenomena in justice,judicial officers will often ignore withdrawn confession.Estoppel should be conducted on a scientific review to determine, to identify its authenticity. Recalling recent miscarriage, people can not help but reflect on the past attitude towards estoppel is correct.In essence, withdrawn confession most of the performance should be suspect, the defendant the right to exercise a form of defense. Our country because of people not given to criminal suspects, defendants do not have the principle of self-incrimination and the related system, the Code of Criminal Procedure also provides that"should be answered truthfully", the obligation of confession, it is difficult to protect a voluntary confession, in order to torture and other statements provided illegal access to system on the gap and become the cause of this violation of a voluntary confession ugly situation of the most frequent cause. In the criminal proceeding in foreign countries with a higher degree rule of law,criminal suspects and accused persons have the privilege the right against self-incrimination.Suspects and the accused have right to refuse to answer interrogations.Neither denied nor confirmedn have a real sense of the legal consequences.To resolve the issue of estoppel, we must balance the good fight against crime and the relationship between the protection of human rights, right to remain silent against the rules of the establishment of compulsory questioning can no doubt be able to effectively curb the confession, the reduction and elimination of estoppel. Confessions of arbitrary rules to enhance the voluntary confessions and reliability. Carried out at the legal situation of estoppel based on the analysis, based on the significance of comparative law study on Anglo-American law countries, civil law countries and relevant international conventions regarding voluntary confession the relevant provisions of China's current statement carding system deficiencies. This article, based on the requirements of the protection of human rights, the presumption of innocence inevitable, the necessary judicial practice, such as the International Convention on the challenge of reasons, in the effort to improve the quality of law enforcement agencies at the same time, the introduction of right to remain silent and to critically learn from the rules of the system of plea bargaining integration of our country to improve the mechanism to encourage truthful testimony. Combined with the actual situation of our country, to re-recognize the issue of estoppel and legitimate access to explore and encourage the honest confession of the feasible in order to improve the level of criminal justice in our country, improve the criminal system.Compare with international and domestic criminal justice system and the practice,this analysis of the topic of character,and causes and related issues that should be explored,and makes some revisions.