Realization Of Accused Person’s Confession Voluntary Rules

Criminal suspects or defendants confession voluntary rules as a basic rule of evidence，has been one of important research topic in the criminal procedure law educationalworld， the development of modern criminal procedure is of great significance. Thisarticle from the perspective of comparative law to confession voluntary rule has carriedon the system and in-depth study， in order to our country criminal litigation systemreform and perfect help. Full-text is divided into four parts:The first part is the meaning of " Accused person’s voluntary confession and judgmentstandard ". First of all， analyses the contents and composition of confession ofvoluntary. Secondly expounds the voluntary rules exist according to the personalstatement， and analyzes the voluntary rules applicable personal statement. Finally thearticle discusses in violation of the statement of voluntary rules of burden of proofallocation problem.Put forward confession voluntary standards in China compared to the foreignconfessions of an arbitrary law.The second part is "the necessity of to establish by prosecutors allege voluntary rules".Our country should establish rules of confession of the accused voluntarily， itsnecessity is mainly the following points. First，It is a requirement of protecting humanrights concept， second，it is not forced self-incrimination principle request， third，it is to curb illegal evidence collection behavior， finally is to court confession behaviorrequest. Article from the several aspects above detailed demonstrated our countryestablished by prosecutors allege voluntary rules and safeguard human rights concept，criminal procedure law I shall self-incrimination principle， illegal evidence exclusionrules and other relevant links， finally concludes that it is necessary to establish accusedperson voluntary rules.The third part is "Problem of realization of accused person voluntary confession in ourcountry ". This section discusses the difficult to establish accused person’sconfession voluntary rules in China， mainly includes the following questions: defectsin the field of legislation in China， the disadvantages of the present criminal lawsuitfield investigation detain， the weak of interrogation process supervision， and theinfluence of the traditional investigation mode. By analyzing the existing obstacles inthe fourth part of the paper is to establish our confession voluntary rules of specificideas. The fourth part is "establish specific assumptions by prosecutors allege voluntary rulesin China". Confession voluntary rules to play an ideal effect in the judicial practice，also must have relevant supporting measures of the auxiliary. And at present in ourcountry these supporting measures basic didn’t even exist， Such as "right to being helpby a lawyer" and so on. In this part the author listed on the safeguard measures for theconstruction， puts forward some conceptions of rules of voluntary confession in ourcountry.