Research On Probative Force Of Oral Confession

As an important evidence in criminal procedure of China, oral confession plays an irreplaceable role. Compared to other evidences, it has obviously advantages in convenient directing and clearly pointing. Probative force of oral confession means the testification effect and using degree in judicial work. It relies on the content’s authenticity. And the influence factors of authenticity come from voluntary, stability and conformity.Based on the influence factors of authenticity,"Criminal Procedure Law" and it’s judicial interpretation established two rules. The Confirming Rule means the content of oral confession can support each other with other evidence in the case; it requires to judge the authenticity of oral confession considering its stability and conformity. The Corroboration Rule means when a case will be mainly finalized on confession, judicial officials should firstly use other evidence to complement confession’s probative force. It forbids judicial officials make decision just rely on oral confession. At the same time, for protecting the voluntary of oral confession, legislation made a limit for the collecting method; try to fundamentally guarantee the probative force of oral confession.Those rules are propitious to guarantee the authenticity of oral confession, and guide the judicial official’s work. But those rules still have many defects which caused some false judgments. Therefore, this article will be based on the research of basic principle, analysis of the causes of those problems. Thereupon then, puts forward some measures and suggestions for the improvement of those rules.