Font Size: a A A

A Study On The Voluntary Confession Rule

Posted on:2007-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiuFull Text:PDF
GTID:2166360185993162Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a exclusive evidence rule in criminal procedure, the voluntary confession rule has always been an important research topic in the academic circle of studying the criminal procedure law, the rule is of major significance to the development of the modern criminal procedure. From the perspective of comparative law, the following paper aims at exploring the voluntary confession rule systematically and penetratively with a view to help to reform and perfect criminal procedure system of China. The paper is divided into six parts:Chapter I is about "the basic categories of the voluntary confession rule". Through the comparative investigation, the paper defines the meaning of confession as the guilty statement of the criminal suspect in pretrial procedure, especially in investigative interrogation procedure. The arbitrary standard is also the voluntariness, a criminal suspect's confession is made nothing but the voluntariness, it possesses the evidence admissibility. Then, the paper discriminates the concepts related to the confession in order to clarify the mistakes of the academic circle in belief and strengthen the basis of the argument.Chapter II is "the establishment and evolution of the voluntary confession rule". First, the paper traces the voluntary confession rule to its source and development in common law countries, and analyses its causes. Secondly, the paper searches into the theories, legislation and practice about the voluntary confession rule in the civil law countries, Russia and the United Nations Conventions. Finally, the paper points out that the rationale's evolution of the voluntary confession rule does not fundamentally...
Keywords/Search Tags:confession, voluntariness, rule, investigative interrogation
PDF Full Text Request
Related items