On The Rule Of Excluding Illegal Confession

Confession plays a vital role in China’s criminal evidence system. One major reason for unjust or wrong cases is illegal obtaining of confession. Thus, the new criminal procedure law added exclusionary rule of illegal evidence, and the emphasis is on illegal obtaining of confession.This paper begins with the case of Chen Xinping killing his wife in Hunan Yiyang, analyses the operation status of our country’s exclusive rule for illegal confession, identifies the difficulties in initiation procedures of exclusive rule for illegal confession, formalization of trial procedures, insufficiency of second instance remedy etc. And from the perspective of new situations in judicial practice after amendment, the abuse of the supervision of residence is another difficulty facing the defendants while providing evidence during excluding illegal confession in court.With respect to the status analyzed above, the second part of this paper discusses exclusive rule for illegal confession of U.S.A which is relatively mature. The theory development of exclusive rule for illegal confession of U.S.A, the initiation of exclusive procedures etc. are examined. The last part of this paper, in combine with China’s reality, proposes suggestions to perfect China’s exclusive rule for illegal confession--Related law and regulations which require improvement are identified; most importantly the idea of no punishment in doubtful cases should be executed by judges in judicial practice with guilty presumption being replaced with non-guilty presumption in treatment with defendants, and the initiation procedures of exclusive rule for illegal confession should be secured by system. Only in this way, can the human rights of defendants be better protected in criminal actions.