The Research On The Security Of Confession Arbitraty

Oral confession of arbitrariness means that the confession was free and voluntary, free refers to criminal suspects and defendants will not be deprived of freedom. Against the person defendants will not be deprived Oral confession of arbitrariness, means that the confession was free and voluntary, free refers to criminal suspects and defendants will not be deprived of freedom. Against the person questioned free will to obtain confessions is a gross violation of human rights, the protection of human rights based on the consideration, by removing no arbitrary confession to curb illegal evidence. According to constitutional requirements limit the national power and protect civil rights, the investigation organ in the acquisition procedure must be regulated in constitution and criminal procedure law. The voluntary confession rule USA is mature area for the application development, America voluntary confession security system after hundreds of years "vicissitudes of life", and gradually establish a set of more developed the voluntary confession rule system. Relative to the mainland-he reform of criminal procedure system in Taiwan is worth reference of t-he mainland, the Taiwan area and the mainland area connected with blood, the same cultural background and similar thoughts, which in the process of building the rule of law the strong convergence. The core standards of admissibility f confession rule of law are arbitrary confession, the confession must prove the suspect, the defendant confesses voluntarily, it is admissible as evidence qualification, Chinese. Since the 1979Criminal Procedure Law has been pursued the authenticity as testimony admissibility standards, until the2012criminal law amendment there shall not be forced to testify against himself of the provisions, which have sprouted the arbitrary standard, but the distance from the country under the rule of law standard the arbitrary real there is a great distance, the overall inspection standard in our country this confession security system and America taken prior to the implementation of the Miranda rule similar. The basic spirit of presumption of innocence to the constitution, which is embodied in the rights, and in this spiritual guidance law department, provides the constitutional guarantee for the voluntary confession, enhancing the criminal suspect’s main body status, and in judicial practice the spirit indeed to implement.