On The Statement

Deposition is one of the evidences in the criminal suit of our country. The appearance in the history of China's ancient evidence system of deposition has finished the uncivilized state of criminal suit, start the civilization of criminal suit, knock the box of Pan Dora who is making criminal suit at the same time. The credibility of deposition has requirement for the condition of subject condition and time, make the lawsuit identity as the starting point for the person that commits crime. The authenticity of deposition is to the guarantee of entity's justice, it is the guarantee to procedure justice to be arbitrary, the two form the lawsuit value foundation of deposition together. " a deposition rule " is the silence right in " first try and crow sound " in an environment governed by law such as our country, have precious value. In our country, obtaining the restriction that has idea and policy to deposition, there is restriction of the current legal factor too. These restrain the factor from including some rational spirit, there is inadequate natural endowment on some system design too. Silence right is to the respect of the human nature, " deposition " is a result of defendant's free will. The restriction on silence right, seek the equalization point between ensuring human rights and crime of controlling. Tell trade, criminal exempting, freedom heart system and appropriate threat, seduction, cheating the application of the tactics to the system of obtaining of deposition such as debating abroad, obtain the system to the deposition that we set up the suitable national conditions of our country, have extremely important reference meanings. It doesn't accord with the criminal law of proving to totally forbid using the tactics threatened, seduced into, cheated to obtain deposition, we should set up the deposition which accord with the judicial civilization requirement and obtain the system, establish the getting arbitrary confession principle and illegal evidence and get rid of the rule, improve the relevant systems that lawyer meet, wait for.