On The Voluntary Confession Rule

The voluntary confession rule is an important part of the criminal rules of evidence, Itmakes a great significance on the facts of the case and the protection of human rights.However, due to lack of proper understanding of the voluntary confession rule, It hadcaused many illegal evidence of repeated problems in the practice of excessive,Including torture. Even there was a rule called “No confession rule”, which tried tosolve these problems, but failed to resolve the crux of the problem. Based on this, thepaper tried to clarify the connotation of the voluntary confession rule and pointed outthat we should look a right attitude on the voluntary confession rule, when linked toChinese actual conditions. Based on learning extraterritorial legislation of mature, thispaper also put forward the basic ideas for how to establish the voluntary confessionrule in China.This paper is divided into four chapters to research of the voluntary confession rule indepth, the main content of each part as follows:The first chapter is about the theoretical issues the voluntary confession rule. Themain content analysis some related areas, theoretical foundation and legal value of thevoluntary confession rule.The second chapter is about the practice and reflection profiles for the voluntaryconfession rule in China. First, to analyze the case in practice and try to identify thecause of the problem; Secondly, the historical development of our country ’s attitudeto treat confessions were reviewed which could receive revelation; Finally, in order tothe importance of the voluntary confession rule to establish in legislation, itsinterpretation and evaluation of legislation had to analyze in legislation.Chapter III studies on surrounding the extraterritorial legislation of the voluntaryconfession rule. By introducing the voluntary confession rule on the common law andlegislation of civil law, It described the important factors affecting the voluntaryconfession rule, pointed out places which we can learn, provided the basis for how toestablish the voluntary confession rule in China.Chapter IV presents the basic idea of the establishment of the voluntary confessionrule in China. It stressed that the detail of legislation should be clearly stated about thevoluntary confession rule. Besides, in order to ensure the effective operation of thevoluntary confession rule in practice, It provided some advices on Operation specifications, Proof rules and Supporting systems.