A Study On Oral Confession In The Criminal Trial

Oral confession is considered as an important and complicated form of criminal proof. Research into this issue not only helps to solve the defendants'human rights, but also facilitates a virtuous circle in criminal lawsuits system. Although oral confession is similar to the concepts of confession and admission, they are different on legal level. We can not deny the value of oral confession; however, we should be aware of its limitation. The distinctive features of oral confession call for a prerequisite of arbitrary statute which can provide evidence. This paper employed a comparative method to put forward the regulations on the further improvement of arbitrary statute in China, establishment of arbitrary standard for examination, as well as principles of applying reinforcing statute based on the investigation into the arbitrary statute and reinforcing statute abroad. As for the cases involving withdrawing confession, it is necessary for the judges to start from the principle of"the defendant is held innocent until proved guilty", listen to the defendant's confession in court, and examine the defendant's rationale for withdrawal and correspondence between the defendant's confession and other relevant proof in the case.