On The Position And Countermeasures Of Withdrawing A Confession In China's Criminal Proceedings

In current judicial practice,the popularity and high rates of withdrawn confession has become a prominent problem .For the efficiency of the proceedings and fighting against crime,or to conceal illeagal evidence and some other ugly phenomena in justice,judicial officers will offen ignore withdrawn confession.This greatly undermines our judicial impartiality and judicial authority.Punishing crime and the protection of human rights are essential values of our modern criminal procedure.In the criminal proceeding in foreign countries with a higher degree of rule of law,criminal suspects and accused persons have the privilege of the right against self-incrimination.Suspects and the accused have the right to refuse to answer interrogations.Neither denied nor confirmed can have a real sense of the legal consequences.The chapter one discuses the concept and the character of the topic,the chapter two analyzes causes and brings up countermeasures from practice and theory range from putting on record to trial, the chapter three analyzes the attributes and effects,and try to precisely locate them, the chapter four makes extraterritorial legal inspection on the topic and have a conclusion that the the priciple of the presumption of innocence can restrain withdrawn confession, the chapter five makes a domestic inspection on the topic,and analyzes the influences of it from the defect of law,and so on.