Statement On The Arbitrary Rules

Confession is a kind of direct and disputed proof form. It plays a very important role in the aspects of investigating, solving a case and proving facts of crimes. In some degrees, it reflection a country' s level in ruling of law. As an exclusive evidence rule in criminal procedure, the voluntary confession rule has always been an important research topic in the academic circle of studying the criminal procedural law, the rule is of major significance to the development of the modern criminal procedure. The paper carries a through research on the voluntary confession rule with the traditional criminal procedural insight. The paper is divided into four parts.Part I is about "The fundamental theories of the voluntary confession rule". This part explains the connotation of the confession. The confession includes admission and allegation. Then the paper explains the conception of the "voluntary". At the same time the paper discuss some related problems in order to strengthen the foundation of the paper.Part II is about "Comparison investigation of the voluntary confession rule". This part compares the voluntary confession rule and the evidential effect of the confession rule which is not free and voluntary between the common law countries and the continent law countries. Then the paper points out that we need to study other countries' regulation of the voluntary confession rule. Then it integrates the rule's reality and prefiguration.Part III is about "nomological foundation and necessity of establishing the voluntary confession rule in our country". This part explains the establishing of the rule with the nomological foundation of "The constitution is highest" and "verdict of not guilty before been judged". Then discuss the harm of the confession which is got through torture, In order to ensure the evidence's authenticity, Settle the problem of withdrawing confession during the trial. The above discuss explains the necessity of establishing the voluntary confession rule in our country.Part IV is about "the related problems of establishing the voluntary confession rule in our country". This part discuss the problem which is encountered, the problem is deviating of legislation and reality. Then points out that we need to establish some coincidental mechanism to settle this problem. At last, the paper defines the evidential effect of the confession rule which is not free and voluntary in our country.