Study. Freedom Of Arbitrary Rules

As the basic evidence rule, the voluntary confession rule has always been an important research topic in the academic circle of studying the criminal procedure law. The rule is of major significance to the development of the modern criminal procedure. From the perspective of comparative law, the paper aims at exploring the voluntary confession rule systematically so that can help the reform of criminal procedure system in China. The paper is divided into five parts:ChapterⅠis "the general description of the voluntary confession rule". Firstly the paper defines the meaning and values of the voluntary confession rule,and analyzes the application of the rule.At last this paper mades a distinction between rules and statement system,to clarify some misunderstandings.ChapterⅡis "the basic compostion of the voluntary confession rule". At first the paper analys the content and composition of confession.Element includes its subject,contentand format.then, the paper introduces the meaning of voluntary and some improper methods of obtainning evidence,including voilence,similar voilence,threat,inducement,fraud,breach of procedure.At last mading a summary of the voluntary confession rule of some major countries.ChapterⅢis "the protection rules of the voluntary confession rule".At first the paper analys the burden of proof of violating the voluntary confession rule,introducing the United Kingdom,Germany,China Taiwan and Japanese law.I think the burden of proof should be reversed. Secondly, the paper talks about the standard proof. After introducing the law of the commom law and the civil law countries,I think we should apply to the proof standard of excluding all reasonable doubt.ChapterⅣis "the construction of the voluntary confession rule in China".The paper firstly introduces the legislation of the voluntary confession rule in China. Secondly, the paper analyses the main problems of the voluntary confession rule in China. Finally, the paper puts forward some ideas on how to build the voluntary confession rule in China.ChapterⅤis "the construction of related supporting measures of the voluntary confession rule in China ". Related supporting measures are needed so that the voluntary confession rule can play a important role in the judicial practice. These related supporting measures include"separation of the power of investigation and custody", "the right to silence", "interrogation system" and "fruits of the poisonous tree doctrine". At present, these related supporting measures are far from perfect and even non-existent. In this section the author constructs the above related supporting measures.