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A Study On The Rule Of Confession

Posted on:2016-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:C Y MaFull Text:PDF
GTID:2206330470964087Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The free confession rule, as one of the criminal evidence rules, whose emergence and development had a special background. The academic and theoretical circles had not been interrupted the research of the free confession rule. For a long time, scholars had emphasized that it should be included in the criminal procedure law, yet it was failed. Although the new "criminal procedural law" provided the principle against self incrimination, to some extent, which provided the solid theoretical and legislative foundation for the establishment of the free confession rule, but it was a pity that the free confession rule had not presented in the new "criminal procedural law" clearly. Based on the above background, firstly, the article started from the concept of the free confession rule, illustrated the historical evolution of the free confession rule, introduced and explored necessarily for its occurrence and development; secondly, through a comparative research of the free confession rule in foreign countries and regions, and then drew the enlightenment for our country; the third part of the article mainly discussed the value of establishing the free confession rule, after explained the relationship between the free confession rule and the illegal evidence exclusion rule, mainly analyzed the human rights protection value, justice value and freedom value of the free confession rule; finally the article proposed the overall ideas to establish the free confession rule in our country, and for the obstacles to establish the free confession rule for our country, explored investigation, testify and limitation of the free confession rule, put forward to set up the new lawsuit concept which centered on protecting the human right, carried out and implemented humanism spirit.
Keywords/Search Tags:The free confession, illegal evidence exclusion, the privilege against self incrimination, right to silence, right to lawyer presence
PDF Full Text Request
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