Statements Can Be Adopted Research

In the judicial practice, confession is exceedingly recommended by judicial staff,which also leads to the common occurrences of extorting a confession throughinquisition by torture or illegal means. Excluding the confessions without legitimacyoutside of the court becomes the mainstream procedure overseas. While in our country,the regulations of adoptable confessions haven't been established yet, and somethinginvolves the regulations of confessions' exclusion. In such a situation, the research onadoptable confessions is of practical significance.This article proceeds with the research on confessions, and identifies theadoptable evidences in theory, discussing the meaning and research value of adoptableconfessions. It also inspects the theoretical basis, historical development and concretejudicial practice of adoptable confessions from two main law systems, and carries onthe comparative analysis of adoptable confessions in China. Combining the theory ofadoptability and judicial practice, the author proposes different solutions for fivefamiliar questions.For the defective evidences, we need to adopt them restrictedly in practice, that isto say, the evidences are adoptable except for the ones violate crime suspects ordefendants'legal rights. The author believes that it's adoptable to supplement thedefective evidences, especially for the confessions without formal importantdocuments. For the adoptability of evidences from enticement detection, we need toanalyze concretely. For instance, it isn't adoptable for the "enticement detection"arouses the suspects' criminal consciousness, on the contrary, it's adoptable.Evidences from measuring lies are adoptable for the objectivity, correlativity andlegitimacy. When defendants' statements in court are different from those before, weneed to bring forth other evidence as supplements. For explaining the issues duringthe period of "stated time and place", we need to deal with them distinctively. Fordoers' dictations or statements written by the staff in department of disciplineinspection, it isn't adoptable for the inconformity of collectors, but contrary to doers'autograph confessions for the characteristics of script evidences.