The Formation Mechanism Of False Confession

False confession is the main point of judicial psychology, which not only refers to thejudicial psychology itself, but also the direct reason of unjust, false and erroneous cases. Inrecent decades, false confession has a rapid development in western countries, being the corebasis of the interrogation practice. In China, the researches and analyzing towards the falseconfession are still at the Originating period, but the problems raised by it have long beenconsidered in the judicial practice. Theories go apart from practices, which results in thebackward of legislation and the misjudged cases in justice. What’s more, false confessionoccurs more frequently by the psychological forced of the offenders rather than their physicalforce. Nowadays when people are crying for human rights, China may be in front of not onlyseveral misjudged cases but a drop back in the procedure of the whole monocracy. The authorhas constructed a institutional framework for preventing the false confession in Chinesejudicial practice, in addition of drawing a conclusion on the cause factors of the falseconfession after doing a great amount of reading and referencing on the foreign literatures andinterrogation example cases.The article consists of three parts apart from the introduction. The first part is theoverview of the false confession. Part one compares the intension and extension of theconfession among different western countries and then gives out an accuracy definition ofconfession under certain Chinese judicial environment, which believes that confession shouldbe the admit of guilty of the offenders. Then makes the classification of the false confessions:voluntarily false confession, Oppression-compliance false confession and theoppression-internalization false confession. Finally, makes a brief analyzing about theresearch value of the false confession both legislatively and practically.The second part is the causation of the false confession, one of the most important pointsof the article. Part two aims at different types of false confessions, making a detailed analysisof its formation. There is no doubt that the formation of false confession is result from theaction of various factors comprehensively. However, the main formation in Chinese judicialpractice remains to be the environment and method of interrogation, which causes theOppression-compliance false confession. The author uncovers the formation of theOppression-compliance false confession through the analyzing of the certain cases in domestic judicial practice. Oppression-compliance false confession focuses on investigators’ skill and strategy towards the offenders, which forces psychological press on them, convicted them to be criminals. It is a rare phenomenon in recent Chinese judicial practice, and a certain amount of scholars may do more research on it.The third part is the prevention mechanism of the false confession. In fact, the first two parts of the article are all working for it. Theoretical analyzing is bound to be available to the practical issues. We may finally come up with different formations and fixed solution mechanism towards different types of false confession. However, as what is mentioned in the second part, the urgent problem for the Chinese judicial practice is to come up with the solution to the environment and method of interrogation causing the Oppression-compliance false confession. Part three restrict time and address for the interrogation legislatively. It finally established the rule of evidence matching which prevents the false confession successionally through the operation of The Silence Power System and the Lawyer present right system.