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On The Corroboration Of Confession Rule

Posted on:2011-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:P P DongFull Text:PDF
GTID:2166360305991513Subject:Litigation
Abstract/Summary:PDF Full Text Request
In criminal proceedings, for the crime suspect or the defendant's confession review and concluded that judicial practice has always been the more complex issues. This article based on the discussion of our confession of status and related legislation, introduced the provisions of this rule in other countries and regions. Combined with our practice, the system described the confession, and sound reinforcement rules put forward my own views.The first part is the rule of corroborating confession outlined. Introduced the confession and the confession's corroborate. First it discussed the confession's concept and character. This paper argues that the contents confession, including confession and the guilty are convicted, implicate others in one's confession is not included in the confession. Second, the evidence against reinforcement, why confession needs reinforcing, and the confession of the aspects discussed. In order to use caution confession, to prevent biased towards the defendant's testimony and guarantee its authenticity, of the confession in the decision by the judges in the role of specific provisions in the law within the discretion should be determined.The second part IS the Confession of the historical origins and heretic's foundation. First of all, through in the form of the case, introduced the history of the Confession; second, discusses the theoretical basis of Confession. Emphasis is to prevent the possibility of evidence and to prevent the miscarriage of justice.The third part is the confession in the comparative law. Throughout the country, whether common law or civil law countries, in order to prevent biased towards the defendant's testimony and guarantee its authenticity, all the probative force of the confession of the accused to be explicitly limited by law. Provisions of the rules in many countries, but also provides the corresponding systems and measures to protect the confession of implementation is also achieved in the protection of justice.The fourth part is about Confession current situation and construction proposals of our country. First listed on the Confession of our existing rules, analysis of Confession's problems; second, the rules on the construction of our Confession put forward my views. While construction of the Confession should draw on existing Confession abroad, taking into account the unique legal system in our own characteristics. Author to substantive rules as the basis, to procedural rules as the link, construction of the Confession made specific recommendations.
Keywords/Search Tags:confession, reinforcing evidence, rules, construction
PDF Full Text Request
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