On The Causes Of The Withdrawal Of Confessions And The Procedure Control Concerned

The moment a criminal procedure is activated, utterances of the concerning parties are to be recorded in the written form and, companied with the case- related objective evidence , function as a description of the case itself , targeting justices and efficiency, the goal of such procedures. The testimony, also known as "monologue" and "statement", has been playing a significant role until today as one form of the verbal evidence. Currently, some countries make the oral confession as an obligation of the accused party; others take it as the party's right instead. The perspective from which the testimony is looked at is closely connected with a nation's history, reality, concerning systems and prevailing outlook on value, and it represents a nation's civilization of laws as well.The withdrawal of confessions is a special form of the category of testimony, referring to the inconsistency in the testimonies made by a suspected criminal and the inconsistency in the confessions in court given by the defendant. The inconsistency, more over, should be at a point of impacting the conviction and the gauge of criminal punishment. The withdrawals of confessions are divided into active and passive ones in light of their roles, disclaimatory and defensive ones in light of their contents, and pre-court and in-court ones in light of the stages of the procedures. In China, the question of withdrawal of confessions is prevalent, involving conspicuous problems.It is widely recognized that justices and efficiency are the goals of criminal procedures, and unarguably, withdrawing confessions constitutes a great impact on these goals. There are numerous reasons why the suspects or defendants withdraw their confessions. Internally driven, they attempt to avert the punishment of law; or, externally, they are forced to withdraw their confessions by the inquisitions. These phenomena are currently popular in the investigation into major criminal cases andeconomic crimes. When it comes to the examination of the underlying workings of the phenomena, what really counts is the deficiency of the system in this regard.Therefore, the author feels obliged to explore the causes of the withdrawal of confessions and hence, this dissertation is intended to exercise procedural controls on the issue. Overall, this dissertation advocates establishing an evidence-obtaining system at the stage of investigation, and improving the testimony-verification system at the stage of appealing and the trueness-guarantee system at the stage of court trial. Besides, it is desirable to adopt the principles of confessing at will, excluding improper testimonies and offering restrictive right of silence as well with the aim of realizing human rights-oriented procedural controls. In this way, the criminal procedure is expected to approach its goals at closely as possible.