Confessions Of Any Rules

With substantive justice and procedural justice as the theoretical basis, the voluntary confession rule is an important one commonly acknowledged by both common-law countries and civil-law countries.China's existing criminal procedure law does not involve the voluntary confession rule, which cause that too much stress is laid on the confession of defendant in the judicial practice, therefore leading to the repeated cases of torture. China shall establish the voluntary confession rule to further improve the democratization of litigation process.This paper consists of four Chapters.Chapter I is about the general theory of the voluntary confession rule. It firstly introduces the concept of confession and simply straightens up several theories of confession, then focuses on discussing the concept and judgment standards of voluntary confession rule, and details how to judge the voluntariness and who and how to undertake to prove the voluntary confession rule.Two major values of voluntary confession rule are given attention in the end of this Chapter.ChapterⅡof this paper induces,in detail,the historical development, connotation and latest progress of voluntary confession rule in some major countries of two law systems,and then focuses on discussing the Miranda Rule and Fruits of the Poisonous tree doctrine,two important systems of USA, in order to find the theoretical basis for system design of China.In ChapterⅢ,the author mainly shows the status quo of the voluntary confession rule in China as well as the problems and institutional defects thereof, and deeply analyzes the reasons behind such situation, with a purpose to find the way and method for China to establish and realize the voluntary confession rule through the analysis on the current situation of China.Chapter IV, as the core of this paper, firstly study and demonstrate the feasibility to establish the voluntary confession rule in China, then gives various rational proposals for its establishment and improvement in China, including how to ascertain the voluntariness of confession, arrange the burden of proof and differ extrajudicial confession from judicial confession, finally summarizes other supporting systems necessary for establishment of voluntary confession rule, which includes the rule of silence right, Fruits of the Poisonous tree doctrine, system for inquiring officer to serve as a witness at court and so on;such systems lay a foundation to guarantee the establishment and improvement of voluntary confession rule.