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The Changes Of Confession From The Perspective Of The Value Analysis

Posted on:2011-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360308457906Subject:Litigation
Abstract/Summary:PDF Full Text Request
Confession is a kind of evidence which is very important to criminal proceedings. The application of confession is now an important question being discussed both by academicians and the judiciary fields. Is generally believed that, confession is a statement made by a Person who has committed a crime, in which he or she acknowledges his or her guilt .It goes without exaggeration that confession made by criminal suspects and defendants,can not only prove the facts of the case itself, but also be able to deeply reflect the conflicts between the safeguarding of individual rights and protection of the State interests in the procedural system.It can be said that confession is a form of evidence, which can vividly reflect the path covered by mankind in the course of procedural democratization.Throughout the history of judicial practices and criminal procedure development existing in the countries all over the world,not a nation or a system ignores that confession plays a major role in criminal cases.Yet,excessive trust and over-reliance on confession may legalize the practice of acquiring evidence illegally,at the cost of justice of procedure and individual procedural rights.Typically,confession with the characteristics of uncertainty and complexity which is mingled with falsity and truth caused by changes of places and time finds it hard to completely discover the facts of matter in a case.The confession shall be treated as a double-edged sword.On the one hand,the effect of confession should not be exaggerated to an extreme extent,falling into the theory of confession irreplaceable,just because of its significant role in a case. On the other handand,the effect of confession should not be neglected just because human rights are easily destroyed when giving conefssion.It has been a common tendency for the judicial practices in the countries of the world to treat confession in a practical and two-folded manner:stress but not be addicted to confession.Also,countries should make a number of rules to restrict investigation based on the value of justice of confession.This thesis analyzes confession from the value point of view.In the introduction of the paper,the author describes the method of value analysis and shows us the general values of confession.In the first part,the author focuses on the interpretation of confession,describes the definition of confession,the characteristics of confession and the function of confession,and then tells the differences between confession and recognition.In the second part,the author analyses the confession system and related concepts from the efficiency values of view, introduces these two concepts--the effectiveness and the effectiveness of the proceedings,and then comments on the confession system and the torture at home and abroad.In the third part,the author analyses the confession system and related concepts from the justice values of view,introduces these two concepts--the justice and the procedural justice,and then comments on the confession system at home and abroad,and on the right to remain silent and Miranda rules.In the fourth part,the author shows us the conception of construction of China's system of confession from the socialist harmonious values of view,introduces the meaning of harmony and the harmonious socialist society,refers to the Plea-bargaining system,and then constructs China's pre-plea bargaining system.In the conclusion part of the paper,the author shows us great confidence about the development of China's confession system and legal system.
Keywords/Search Tags:Confession, Efficiency, Justice, Harmony, Plea Bargaining
PDF Full Text Request
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