The Theory Of Retracting Confession

Retracting Confession is a criminal suspect or defendant overthrow a part of originalstatements or all of them and make the new confession in any stage of criminal procedure.Confession is a unique judicial phenomenon in our country. In the long-term judicial practice,the judicial personnel have different understandings of what is called confession andconfession standard definition, what processing mode to use when confession happens, wehave different opinion on how emphasis on the phenomenon of confession. Therefore, manyjudicial personnel often ignore the important of confession in order to improve the efficiencyof criminal case handling, excessive claims to fight crime, cover the inducement confession orsome illegal evidence collection way, This will have a bad effect, it not only ignore the humanrights of criminal suspects or defendants and can easily lead to the wrong judgment, but alsodamage the judicial justice and judicial authority of our country. We need have a deepanalysis of why confession is one of the more common judicial phenomenon in our countryand how evidence rules go to handle this and then build strategies to respond to the confessionon the level of theory and judicial practice to change this situation.This paper determined the standard of confession, analyses a variety embodiment formsof confession and the reasons of why confession is one of the more common phenomenon inour country, it mainly caused by a long time of excessive dependence on extort confessions bytorture, inducement leading to confession and such illegal evidence collection methods exist,and the lack of the punishment system of unreasonable confession; Next, we should have arational view on confession,analyses the beneficial aspects and negative aspects of theconfession. It also represents the state of what confession will be at the new background,thatis the confession phenomenon will be more and more, the challenging for The People’sProcurator ate will be bigger; Third, the text analyses how evidence rules be applied inconfession phenomenon, mainly includes the value and the specific applicable of the rulesof evidence confirmation of confession and rules of evidence support to each other in theoriginal claim case; Finally, the text put forward some system construction styles to responseto the confession reasonably, such as the system of plea bargaining, establish a investigationmode of “investigate first and confess after”,endow the defense lawyer the right to present when the criminal suspect or defendant be interrogated.