Examination And Application Of Oral Confession

Evidence is the indispensable bridge and medium of the judicial personnel knowing the truth of a case or the facts of controversy, getting it, one can emergence the understanding about the truth of the case or the facts of dispute during the concurring, developing and resulting procedure. Without it, we could not cognitive the truth of the case or the dispute truth in the past. Also because of this, we say the evidence is the foundation of the judicial personnel to identify the facts of the case correctly and also the essence of the judicial fairness. Our country’s law regulated that all of the facts which can evidence the truth of the case could be the evidence and also listed seven categories, oral confession is one of them. Not only Oral confession related to the control of crime and the value orientation of protection of human rights, also reflect the status of monocracy and democracy and even reflected the status of the social harmony and humanities concern, which is a great importance to the balance of national force and civil right concerning the beneficial confliction and achieving the procedure purpose. So, we could set it as the most important evidence in the seeking of other evidence, cracking the case, the court heart and the conviction and sentencing no matter which period and which country.Due to the massive function and unique role for the facts of case of the oral confession, which result in the judicial personnel using illegal methods in order to getting the oral confession. This kind of phenomenon could always happen and never stopped. Only getting the oral confession may have some kind of function for punishing crime, but because of which could violate the legitimate right of the suspect and defendant seriously, and even lead to the appearance of new crime by taking advantage of duty, it is seriously inconsistence with the purpose of criminal procedure. What’s more, our country does not even have the mechanism of oral confession, which could strength the difficulties of using oral confession. With the developing of the democratic legalization process, pressure grew to the strengthening evidence legislation, standardizing law enforcement and protecting civil rights. Under this prospects, the study for using and examining oral confession is great importance, because this is related to the justice of criminal justice in a maximum limit and also related to the fulfill of attacking crime purpose correctly and aiming to protecting civil rights.For that reason, this paper, based on the research achievements of existing confession, selected the examining and application of oral confession as for the study angle, by use of value analysis, logical analysis, empirical analysis, historical research, comparative study of literature and other methods, is going to elaborate the basic theory of oral confession and learn advanced experience from the overseas countries. What is more, with the reality of our country, propose some suggestion and recommendation for the reforming and improving of the oral examination and application system. More precisely, firstly, this paper clarified the concrete concepts and characteristics of confession review and application, analyzed the philosophy theory of confession review and application, illustrated the significance of the oral confession in the evidential system and judicial practice. Secondly, search the rationale of oral confession, computed focus on the competency of evidence and the effectiveness of evidence. After analyzed the related regulation and procedure of the overseas about the oral confession review and application system, it will introduce the current law and judicial status of our country on the status of reviewing and applying oral confession and analyzed the disadvantages and drawbacks. Then finally, on the basis of learning from overseas excellent legislation and justice experience, combining our country’s condition, proposed the mechanism of completing the oral confession review and application of our country, from principles to rules, from conception to practice, from legislation to Justice, making the great effort to finding out the completed measures in order to make the oral confession to play great role in the evidential issues and make great of the democratic legalization process, pressure grew to the strengthening evidence legislation, standardizing law enforcement and protecting civil rights. Under this prospects, the study for using and examining oral confession is great importance, because this is related to the justice of criminal justice in a maximum limit and also related to the fulfill of attacking crime purpose correctly and aiming to protecting civil rights.For that reason, this paper, based on the research achievements of existing confession, selected the examining and application of oral confession as for the study angle, by use of value analysis, logical analysis, empirical analysis, historical research, comparative study of literature and other methods, is going to elaborate the basic theory of oral confession and learn advanced experience from the overseas countries. What is more, with the reality of our country, propose some suggestion and recommendation for the reforming and improving of the oral examination and application system. More precisely, firstly, this paper clarified the concrete concepts and characteristics of confession review and application, analyzed the philosophy theory of confession review and application, illustrated the significance of the oral confession in the evidential system and judicial practice. Secondly, search the rationale of oral confession, computed focus on the competency of evidence and the effectiveness of evidence. After analyzed the related regulation and procedure of the overseas about the oral confession review and application system, it will introduce the current law and judicial status of our country on the status of reviewing and applying oral confession and analyzed the disadvantages and drawbacks. Then finally, on the basis of learning from overseas excellent legislation and justice experience, combining our country’s condition, proposed the mechanism of completing the oral confession review and application of our country, from principles to rules, from conception to practice, from legislation to Justice, making the great effort to finding out the completed measures in order to make the oral confession to play great role in the evidential issues and make great contribution on realizing the criminal litigation purpose.