The Investigation Of Self-incriminating Criminal Cases

This thesis is to investigate self-incriminating criminal cases in our country, which intents to explore the running state of self-incriminating system in the judicial practice, study the possible differences between judicature and legislation, and search causes of the possible differences.For the veracity and representativeness of the investigation, I selected five counties with different developing levels: Wenjiang Section in Chengdu city, Lu County in Luzhou city, Xuyong County in Luzhou sity, Cuiping Section in Yibin city and Xingwen County in Yibin city.First, I consulted archives of self-incriminating cases in court during past years, which showed all kinds of static information in inquisition.Second, I interviewed local judges and procurators, which gave me a lot of dynamic information.Through investigation, I got the materials of 709 self-incriminating cases in five counties and lots of firsthand materials offered by judicial functionary.Then with statistical analysis of the range of self-incriminating cases, the results of the first instance, the judicial organization of the first instance, the surrogate and advocacy of the first instance and of the second instance, I found, in practice, the self-incriminating cases have the following characteristics:The range of self-incriminating cases is small which mainly focus on 10 imputations; no public prosecution into private prosecution; the verdicts still lie a very important position, among which are lots of guilty verdicts; intermediation is the main way in ending a case, however, the intermediation system is not normative in practice; the cases of defendant's escape is increasing, as a result, the suspension of private prosecution is also increasing; the court more depend on collegial bench, and less summary procedure; the party make less use of the system of surrogate and advocacy; the methods of processing mode are flexible in the second instance, etc.At the same time, I also found, in practice, sometimes the system of self-incriminating will be changed to better fit local conditions. For instance, they change the suspension after defendant's escape to persuade private prosecutors into nolling prosequi, and endow them with the right of prosecution once again; they change that the party accept mediations with their own wills to the court persuade the party into agreeing mediation; they use the form of the party's pacification instead of the substance of the court's mediation in order to lessen the court's burden.And then, the thesis analyzed the above characteristics and various social causes of versatility. Just the causes in reality make the self-incriminating procedure different with the initial design in some cases, and also produced the distances between theory and practice in law.Aiming at the disputation of public prosecution into private prosecution, the thesis especially discussed why there are no hairlike reasons of public prosecution into private prosecution in my investigation rangeWith the analysis, I made the conclusion that it is necessary to review and perfect the present self-incriminating system in our country, which conclude: reducing the range of self-incriminating cases rationally, regulating the mediation of self-incriminating procedure, constituting the special proceedings with appropriate characteristics of private prosecution, reform the procedure of public prosecution into private prosecution, exploring the system of the judgment by default in self-incriminating criminal cases, etc. All of these are the main contents of the study of self-incriminating system in our country.