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A Study On The Problems Of Confession

Posted on:2006-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:N TaFull Text:PDF
GTID:2166360155476900Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Confession is a kind of evidence utilized for people most early. It become the significant content of that the conflict and compromise of the prosecutors and the defendants. Therefore, a study on the problems of confession not only make up the core of that solve the human rights of the accused but also become the great significant link in the improvement of whole criminal procedure system that run smoothly. It will have great theoretical meanings against a background of the amendments to the criminal procedure law and the legislation of evidence law. The article includes three chapters: the first chapter is theoretical tool for the research into the problems of confession in the whole article; On the base of external and internal features of confession, the author rationally analyze the phenomenon of "zero confession" which appeared injudicial practice. The author also conducts research into confession in the different types of criminal procedures and attempt to realize that the problems of confession from a point of view of the social environment to expose its deeper and visible law of causality. There is an analysis of the current confession system in the second chapter and the methods of the research used in the first chapter would be applied to this chapter. The basic reasons for the current confession system exist lots of problems are that the design forthe system excessively believe in the common powers could not meet social condition. In the third chapter the author puts forward some legislative suggestions for each of confession system that there are lots of problems. Its main point is that we give a guarantee of the rights in criminal proceedings. Meanwhile, we abandon the highest status of the powers in order to advance the scientific rationality of the criminal procedure law of our country.
Keywords/Search Tags:confession, the problems, social environment, construct
PDF Full Text Request
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