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On Review Of Pretrial Confession Of Judgment And Use

Posted on:2008-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y T XuFull Text:PDF
GTID:2206360242959256Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
After new code of criminal court carry out, the court review the stage accused a person to overthrow to investigate the stage and reviewing to sue a stage to make a deposition to have already appear at present. According to some covariances of places, accused person the different degree changes on the law court original illustrate to have 70% about above.Corruption accepted such as Intermediate People's Court in Shenzhen,bribe case, almost all accused persons the all once different degree withdraws a confession in the court review the process.Withdraw a confession can see make be an accused, the person makes in the law court north bound right to defense of the concrete body is now, if other proofs are ample, withdraw a confession originally no wonder.The process that the our country criminal case handle a case generally is:Check assurance to have a crime a suspicion through a row of possible candidate-investigation-BE make a deposition-settle case.Here in the top-grade distance, the statement is a core problem that pierces through litigation always, or say, the whole development of litigation procedure is a statement to launch around to a large extent. According to the timespace condition dissimilarity for make a deposition, the statement can is divided into accused a person to be a court to make a deposition to make a deposition with court outside again.Among them, in the litigation the fulfillment, the latter usually expresses for reviews suspect person's guilty of the crime that the ex- stage become to make a deposition hand written record.The statement occupies a very important position in the our country currently the judicial fulfillment, the statement is the circumstance of"the king of the proof" to still exist to some extent, accused the person withdraw a confession a meeting to sentence the quantity Pertaining to crime to bring equal influence for case.So-called withdraw a confession a problem in fact and accused person of when the court make a deposition irrelevant, but lie in commit crime suspect person of the court outside guilty make a deposition, saying more accurately, lie in how promise the the ask etc. obtains evidence illegally means to decline to lowest degree towards making a deposition reliability before the court of influence, and accused the person be a court to overthrow a court to make a deposition outside the law treats what if to make a deposition hand written record before the court. These two problems also is the judicatory practice medium make use of effectively to make a deposition before the court of two most basic problems.If these two problem can't resolve, withdraw a confession a problem and then can't be real is resolve.This text circumambience argument topic launches a research:First, basic problem made a deposition before the court, such as the characteristic,proof ability,certificate dint etc. make some studies, discussing to make very necessary cushion for the underneath;Secondly, comparison the investigation abroad is the related lawmaking that particularly British and American methods fasten and practice, Be the critique our country law system basic angle of view, and for the our country system of perfect provide the nutrition of the necessity;Again, at more the foundation of[with] investigation up, make a critique to the our country lawmaking and the judicatory fulfillment, make public a problem and it become because of;End, our country system of perfect put forward oneself's viewpoint.
Keywords/Search Tags:Make a deposition the reviewing judgment before the court, Obtain evidence rule, Make use of rule perfect
PDF Full Text Request
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