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Research On The Legitimacy Proof Problems Of Confession

Posted on:2011-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:L J HuangFull Text:PDF
GTID:2166360305481594Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
To improve the rules of confession to prove the legitimacy ,will define under what circumstance of the confession will be expeled, which square undertake the responsibility of proving the confession legality from pertaining to crime litigation and proving what degree etc. Aim at these problems,this literary is used the method of abroading the legitimacy proof of theory and practice of concerning state, and the theory and judicatory practice of our country, etc. Put forward to some own standpoints of perfecting the legitimacy proof procedure of confession of our country .The full article is totally divided into five parts:The first part is the outline of the legitimacy proof problems of confession.This part is mainly the case elucidation that is passing three typical models in our country currently to prove shortages of the legitimacy proof procedure of confession,and the necessity of defining legitimacy proof procedure of confession.The second part discusses the proof object of the legitimacy proof procedure of confession.This part analyses the necessity of defining the object ,how to difine ,and concreting classification of the object in definition .The writer emphasizes to analyze the illegality , the randomicity of confession, and its relationship, also mention to the law origins of forbidding to take for confession illegally.The third part discusses the allotment of responsibility in the proof of the legitimacy proof procedure of confession .This part mainly discusses that both parties should serve as what role in the procedure of proving confession legitimacy.The writer thinks,according to requirements of the principle of presumption of innocence and the prosecution's burden of proof ability,the ultimate burden of proof is also borne by the prosecution,and that this is not the results of the burden of proof reversed .Whether the defendant bear the burden of proof as the question of what role,I point out the impact of the role of the defense as a major factor,foreign practices and theory and judicial practice of China's different views and practices, in the procedure of proving confession legitimacy.At last, Can not follow the Western countries,ask the defendant to bear the burden of proof,at the present stage of criminal proceedings,in the procedure of proving confession legitimacy.This section also addressed the role of judges.The writer believes that the legitimacy of the confession evidence, the evaluation of the most important is that the judge plays a role. The fourth part deals with the standard of proof in the procedure of proving confession legitimacy.This part of the first discussion is the standard of proof of foreign provisions and practices with regard to the legality of the proof of confession.And then discusses the main considerations for determining the standard of proof of the prosecution , in the procedure of proving confession legitimacy.That should be particular emphasis on the proceedings on the protection of human rights,the prosecution should be required to achieve the extent of "the evidence is reliable and sufficient," or "beyond reasonable doubt",provisions of in terms of the law .Last discusses the evaluation of the judge's standard of proof.The fifth part discusses the specific application in the legitimacy proof procedure of confession.This section first discusses the problems of the concrete application of object of proof,including proving methods of the illegality and the randomicity of confession, and the choice of the object of proof.Second, discusses the specific use of the rules of the legitimacy proof procedure of confession in the trial.The writer thinks,the proof of legitimacy of confession should be a separate procedure properly.And proposes that,the accused may raise to challenge the legality of the confession in court trial,have the right to make representations to obtain confessions of illegal acts.Judges have a reasonable doubt for the legitimacy of confessions,can also ask the prosecutor to be proved.Implementation of the burden of proof of the prosecutor on the legitimacy of confessions,clearing its consequences of unfinishing the burden of proof and persuasion responsibilities,namely, the illegal confession will not be allowed to adopt.Finally ,the writer proposes that is to improve and protect the lawyer's right to participate in the investigation process,to improve the interrogation rules,to improve the system of investigators testify in court,in order to improve the rules of confession to prove the legitimacy.
Keywords/Search Tags:Confession, Object of Proof, The Allotment of Responsibility in The Proof, Standard of Proof
PDF Full Text Request
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