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Research On The Standard Of Admissibility Of The Confession

Posted on:2009-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiFull Text:PDF
GTID:2166360245987115Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The standard of admissibility of the confession is the center of the rules of evidence. It is the key of realizing procedural justice, protecting the human rights of the accused, and using the confession effectively .The standard of admissibility of the confession in the criminal procedure of China is not satisfactory. It is the leading cause of inquisition using torture. The standard of admissibility of the confession in China has been the truth of the confession. The confession can be used as bases in decision as long as it is true. The academic bases are so-called theory of seeking truth from facts. However, the standard of the admissibility of the confession is the voluntariness of the confession. Only the confession is voluntary, it can be used as evidence. The academic bases are protecting the human dignity and the human rights of the accused, and constitutionalism. The inquisition using torture is illegal in the western countries. There are evidence rules about the voluntariness of the confession such as the Miranda Rule. The author gives support to the adoption of the voluntariness of confession in the admissibility test in China.
Keywords/Search Tags:confession, the standard of admissibility, the voluntariness, the privilege against self-incrimination
PDF Full Text Request
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