As the special value of the evidence of confession, confession once seemed as the breakthrough in the detection of a case. In China, in order to detect case quickly, investigators pay much attention to collecting the confession of suspect. With the rise of the concept of human rights, paying attention to the rights of suspect has become a consensus. Countries all over the world are exploring the balance mechanism for protecting human rights and controlling crime in the process of collecting confession. At present, Right to Silence has not given to suspect in China, and illegal confession exclusionary rule is not yet perfect, and no transparency in the investigation. These problems lead to serious imbalance in value during collecting confession. In this paper, on the basis of studying foreign legislations and judicial practice, domestic legislations and judicial practice, the process of collecting confession on the value conflict will be discussed, and proceed to put forward a reform path in collecting confession effectively and protecting human rights. |