On Motivation Mechanism Of Oral Confession Gain

The oral confession was one kind of criminal evidence, regarding the criminal case recognized has the extremely vital role. Oral confession gain in the middle of criminal prosecution main origin to three stages: the first, detection stage; the second , examination prosecution stage; the third, trial stage. This article needs to discuss the oral confession gain is refers in particular to the detection stage gain the oral confession gain, the author in the middle of the writing process, mainly is from the oral confession main body including the oral confession concept, the integrant part as well as the historical inspection starts, then has made an introduction to the domestic and foreign oral confessions gain rule, has analyzed the present our country oral confession gain present situation with emphasis. Specially must point out in here, an all these analyses important premise is: The oral confession gain has the important value to the detection investigation. Because of this, how did the detection stage gain the oral confession to become the topic which we needed to study, how moreover was the key legitimately gains the crime suspect, accused person's declaration a goal which this article stated was at. The author read have been massive domestic and foreign about the oral confession material, majority mainly was from angle and so on extortion of confession by torture, silence power obtains comes the research which oral confession the question did explains the profound in simple language, or was directly embarks from the human rights safeguard discussed the oral confession gain, removed the rule including the illegal evidence, is not forced from card its crime and so on. This article is depends on the management study center the drive machine-made theory for to analyze the tool, thought our country investigates in the procedure the oral confession gain to provide anew analysis angle of view, hopes can to investigate in the procedure the oral confession gain detection practice to have the barnyard grass profit. The article altogether divides four parts to launch. First mainly inspects the oral confession the main body question, including oral confession definition, integrant part, historical inspection as well as value analysis. In the Law of Criminal Procedure, nearly does not have the oral confession "the form", what the people are more is performs from the scientific theory or principle for it to analyze the limits. In this article from the oral confession main body, the acceptor, the content, the form as well as covers the domain to analyze the inspection oral confession the definition. Afterwards oral confession the ancient and modern, the Chinese and foreign history origin have made a tour, from this oral confession the development path had a basic vein assurance. Finally also narrated the oral confession positive role and the negative effect in this part. Next was has made the analysis to the domestic and foreign oral confessions gain rule utilization present situation, how mainly at present the basic unit detection institution and its the detective utilizes the rule to our country in the middle of the oral confession gain process, had to thank these in here to be the scholars which the on-the-spot investigation studied, their inspection data has provided the best real diagnosis argument for this article proof. Is once more regarding the drive mechanism introduction as well as oral confession gain drive mechanism proposing. The article under two parts of upholstery gradually walks into in front of this "right way", the management study center drive machine-made theory is the superintendent needs to embark in the middle of the management process from the person, comes the standard guidance to organize by the superintendent the behavior one kind of theory, is from human nature set of mechanisms. This part of backing this theory, proposed the oral confession gain drive mechanism, has analyzed oral confession gain drive element and the existence and so on in the middle of mechanism drive main body, drive resources, drive object as well as drive resources question. In the detection institution and its the detective and the crime suspect, in accused person's gambling, drives the bilateral legitimate gain oral confession. Last the part is aims at in the oral confession gain drive mechanism to have the conflict between the element, how effectively displays the oral confession gain drive mechanism the function, how consummates in the oral confession gain drive mechanism various elements, melted the conflict between the drive machine-made element to make the realization way analysis. Meanwhile to the different crime experience, the disparity in age stage and the different evidence condition crime suspect carried on has respectively discussed the analysis.