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On Rules Corroborative Evidence For Confession

Posted on:2013-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2246330371476587Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This article is about the corroboration of confession to fill strong probiems.It is mainly composed of three parts,the introduction, body and conclusion. Among them, the body includes the following three parts:The first part, the basic theory of the Confessions. Mainly introduction about confessional concepts and features. The article says that the confession, the suspect, the confession of the accused, the suspect of the crime, the defendant confessed the crime and criminal behaviour, behaviour statement to the investigation department.This concept not only clear the narrow explanation of our county’s confession, but also clear distinction between confession and justification.Then, the article states from the confessional value characteristics, discusses Confessions’ direct, relative authenticity and pseudo-deformation characteristics, points that confessions have the advantage of directly and fully to prove the facts of the case.But the possibility of false statements exit, Repeatability and instability in the case of such defects, and discussed below the judicial practice using the common problems in operation of the examination lay the basisThe second part, By analyzing the present situation of our country confessions. In this part,through the introduction of a large number of real cases, from the practical perspective, described the problems of collection,the process of, review, the use of confessions in the practical process, then objectively analyzed the status of China’s confessions.The article says that the exaggerated confessions of probative force, access to the illegal nature of the confession means, confessions and other evidence.Unable to each other by the phenomenon such as common phenomenon PanGong confession is currently in operation of the main problems existing in the practice, should be addressed.The third part, confessions of reinforcement through the introduction of the law of the relevant countries in the research and analysis of the content, consider the reinforcement of the rules of the applicable objects, reinforcing rules, the applicable scope of the reinforcing evidence that degree, and accomplice confession and reinforcing the four aspects:content, which for reinforcing construction of our country confessions lay a solid theoretical basisThe forth part, our country confessions of reinforcing construction. For the confessions, to review the use of objective status, we should learn from foreign advanced experience, combined with the reality of our country to strengthen from the following three aspects:First, adhere to the law to collect the confession, Maximum guarantee the credibility of the confessions and authenticity is applicable for the premise of the strong confessions; Second, discover and collect other evidences to confirm the confession, in order to identify and confirm cases comprehensively and objectively; third, the rule of corroboration to confession should follow the applicable rules, inspect confessional authenticity and reliability, supplement and strengthen the confessions.This paper is a comparative analysis of case analysis and psychological research methods, through extensive reading of the research results at home and abroad, to fill strong confessions rules the analysis of the system for this topic research, not only pointed out that in the judicial practice article use the problems, but also from both theoretical and practical points out in our country should be how to present situation of using confessions construct confessions reinforcing the rules, hope to our country to the government by law society forward slightly contribute.
Keywords/Search Tags:Confession, Implicates others in one’s confession, With a confession, Corroborative evidence
PDF Full Text Request
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