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Confession System Research

Posted on:2012-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:G F ZhangFull Text:PDF
GTID:2246330371965704Subject:Law
Abstract/Summary:PDF Full Text Request
Confession system is to point to the provisions of the law on the concept of the confession of oral confession, significance, the confession of oral confession collection, judgment, and the review the effectiveness of the confession illegally obtained, the basic rights of confession principles, regulations and the floorboard of the specific system. Say simply, it is set around the system of the confession. The criminal evidence system, as a confession system extremely important role, have the protection of human rights and procedural justice, and the value of closely related to the subject. Confession system in a series of specific provisions of the rules, including the rules of evidence, cross-examination confession rules, related proof rule, illegal confession rule and reinforcing the rules.This thesis mainly divided into four parts. The first chapter of this confession system. Based on the analysis of the confession system concepts constitute pointed out in a series of confession system embodies the rules for the next research, a certain theoretical basis. Next, the author analyzes the value of the institution that confession confession system to ensure that you condemn the authenticity of the trial, which is advantageous to solve the problem, and thus stop denying confession torture, guarantee of human rights.The second chapter China and the western countries condemn the comparison of the system. In this chapter, the author used a comparative analysis method, this paper introduces the confession of western system is analyzed in detail in the our country ancient, modern system of the confession, for further research of the system of our country present situation and defects confession provides informative material.The third chapter our country system present situation and the existing confession defects. Confession system has the quite ancient history, history and culture, the influence of by our country’s testimony system has its special side. Confession system in our country the defects existing in the main performance in the arbitrariness not perfect, in violation of the rules of the principle of presumption, lack of illegal evidence principle in line.The fourth chapter perfect our country’s system construction of the confession. The author try from building illegal rule, optimizing reinforcing system, regulation confession influence dishonest way of arbitrariness rules, perfect the influence of unfair rules facultative way proof is put forward the Suggestions. Then, the author to perfect the system of oral confession supporting system, introduced the conception that commission to silence, detention, surveillance and neutral separation, establish the assistance of lawyers and other supporting system will be more help to establish and perfect the system of legal system function play confession.
Keywords/Search Tags:Confession system, Arbitrariness rules, Innocent presumption rules, Illegal evidence rule
PDF Full Text Request
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