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Corroboration Of Confession Rules

Posted on:2015-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:S C HeFull Text:PDF
GTID:2296330431960404Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence is the core of criminal procedure. Oral confession is an important kind of evidence. From the beginning of investigate, obtaining oral confession become the core of work. In the stage of review prosecution and the trial, applying oral confession is an indispensable procedure. In another word, obtaining and applying oral confession always throughout the criminal procession. So it is important to regulate the oral. The purpose of the corroboration of confession is to guarantee the authenticity of oral confession and regulate the applying of oral confession. To establish the corroboration of confession is a demand of truth finding and human right protecting in criminal procedure. This article has4sections. It discussed the basic theory of oral confession, listed and commented the foreign theories and practice experience. Aiming at the existing problems of corroboration of confession in china, on the basis of learning foreign theories and practice experience,considering the reality of our country, this article put forward improvement of legislation and system construction.Preface part introduces the research background, significance and method of this article.First section is overview of the corroboration of confession. Firstly define the concept of oral confession. On the basis of listing the conceptions of oral confession of ancient china, foreign countries and contemporary china, put forward the conception which is fit for china. Secondly discuss the relationship of oral and rule of corroborative. There are two rules in foreign countries to regulate the applying of oral confession, they are the voluntary confession rule and corroboration of confession. Corroboration of confession is to guarantee the truth of oral confession. Lastly state the establishment of corroboration of confession.Second section is the foreign legislation and theory of the corroboration of confession.There is much blank of the corroboration of confession in our country. Do in this section, it lists various theories and legislation practice in foreign country and Taiwan. In the base of discussing whether they are reasonable, build our corroboration of confession rules. This section lists views and dispute of the category of corroborating evidence, the evidential strength of corroborating evidence and the corroboration of confession rules of the accomplice.Third section is the current situation and existing problems of the corroboration of confession rules. It consists of two sides:one is establishment, the other is much impedimenta. There are both theoretic and practical problems of the corroboration of confession rules. The theoretic problem is that some related conceptions are indistinct. The practical problem is that various system or rules are not sound in lawsuits. Realizing these problems is the necessary way to build new rules.Fourth section is the application of the corroboration of confession in China. After studying the foreign legislation and theory and realizing the current situation and existing problems of the corroboration of confession rules. On the one hand, provide some theories in the legislation, on the other hand, give support in related rules.
Keywords/Search Tags:confession, corroborative rules, standard of proof, the corroborationof confession
PDF Full Text Request
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