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A Study On The Arbitrariness Rules

Posted on:2017-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ShenFull Text:PDF
GTID:2206330488497812Subject:Law
Abstract/Summary:PDF Full Text Request
Confession with voluntary has become an important measure of a country’s degree of democracy and a sound legal system. The voluntary confession rule into the vast majority of countries have been should follow the basic rules of evidence. The voluntary confession rule of our country has not stipulated. But with the concept of human rights protection and procedural justice enhancing, the construction is imperative. This article is divided into four parts:The first chapter introduces the basic theory of the voluntary confession rule. This chapter focuses on the confession is how to define and the difference with a guilty plea and how to define the voluntary and how to understand the rules in order to clarify some theoretical misunderstandings. Furthermore introduce the intrinsic value of the voluntary confession rule, mainly for protection of human rights and exclusion of hypocrisy and procedural justice.The second chapter introduces outside voluntary confession rules. Mainly introduces the development of the voluntary confession rule of typical counties of common law system and the development of German and Japan and Taiwan of typical countries (regions) of continental law system. Finally, this chapter through a comparative study of these systems in order to provide the helpful suggestion to construction of the voluntary confession rule of our country.The third chapter discusses the necessity and feasibility of the voluntary confession rule. First, by focusing on Li Jiuming and Wu Daquan and Luo Yuming three substantive case presentation, summarizing problem in lacking of the voluntary confession rule. This chapter analysis the necessity of the voluntary confession rule through the practical case to response the problem. Finally, by feasibility analysis of the voluntary confession rule established by the legal basis and environment for domestic and overseas, in order to introduce and implement truly voluntary confession rule.The fourth chapter is the core of the paper. This paper introduces the construction and completion of the voluntary confession rule of ours. First, the voluntary confession rule will be recommended for inclusion in planning. We should cancel truthful statement obligation and express the burden and degree of proof of voluntary confession rule. Mainly, this chapter introduces the establishment of standard of the judgment of the voluntary confession rule, through stating the illegal methods such as torture, threat, enticement, deceit and the violation of the procedure and so on. Finally, this chapter introduces mainly of the supporting measures of the voluntary confession rule, including separation of the investigation and the custody and fully synchronized video recording and lawyer interrogation in present to the specific judgment and protection in the judicial practice of the voluntary confession rule.
Keywords/Search Tags:confession, case studies, voluntary, supporting measures
PDF Full Text Request
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