System Of The Statements In The Criminal Procedure And Perfect

The concept and attribute of statement given by an accused under examination are discussed in the article. In view of the special function of evidence, statement given by an accused under examination once was hailed as "the king of evidence", "the source of evidence". As the modern idea of democracy and human rights arisen, we have came to common consciousness that the human rights of suspect and defendant should be respected. Statement given by an accused under examination is one of legal evidence form in China's penal barratry. In the theory, we haven't established the ban of enforcement to prove one is guilty by himself and the rule of elimination from illegal evidence, and have not imparted the right of keep silence to the suspect; in the concrete rule, both the gain of evidence and query of evidence haven't been perfected. The ban of enforcement to prove one is guilty by himself, the right of keep silence and the rule of elimination from illegal evidence should be established in our country's penal barratry law were discussed in this article. Combination of our country's justice practice in the meantime, the author discussed how to bring the above opinion into effect and perfect the rule of the gain of evidence and query of evidence.