An Empirical Study On The Problem Of Using Pre-trial Confessionsin The Court

Judgment and the use of evidence is the soul of criminal trial operation. Pre-trial confessions as one of the type of legal evidence is clearly stipulated in China’s Criminal Procedure Law. The use of pre-trial confession evidence is an important part of the evidence system and it is the core of the trial. The use of pre-trial confession in the trial is directly related to the fight against crime and the protection of human rights of purpose. In our trial practice,estoppel of defendant offen appeares in the trial. Pre-trial confession is inconsistent with trial confession. Judge does not adopte confessions accordding to the law. Pre-trial confession has significant influence on the criminal defendant’s conviction and sentencing. The use questions of pre-trial confession in the trial are important and necessary. This article uses empirical research methods, studing issues related to the use of the pre-trial confession and expecting to further improve the use of pre-trial confessionThis article has 4 sections:First section:overview of pre-trial confession. This part mainly around the concept of pre-trial testimony,the basic characteristics and properties start on evidence. This section describes the pre-trial confession of the mainstream and feature. From the perspective of proven ability and probative force of the evidence discussed pretrial confession property. Pre-trial confession both true and lawful can be done impeachment evidence and verdict evidence.The ability and probative force of pre-trial confession evidence is undeniable,but should not be too much emphasis and reliance. This part is the theoretical basis of this article.Second section:the utilize pre-trial confession. This section focuses on three problems of pre-trial confession that exist in the trial. First,the pre-trial confession is inconsistent with court testimony on the widespread. Trial estoppel is serious. The main reason for estoppel is torture. Second,illegal pre-trial confession excludes difficulty. The defense evidence is difficult to investigate the legality of the program. Prosecution formal fufill the burden of proof. Third,the proportion of pre-trial confessions admissible extremely high.Third section:causes that leads problems of pre-trial confessions. This section first discusses the use of pre-trial hearing confessions is an important reason for the difficulties of the first pre-trial confession involuntary acquisition. Specifically discusses two aspects missing from the interrogation of involuntary internal procedures problems and external oversight. Second,illegal confession excludes from the scope of uncertainty,illegal confession on the difficulties of proof and certification determine the existence,lack of lawyers involved,external factors restricting law judge to exclude illegal confession and illegal confession exclusion rules in five areas lack the sanctions regime described how difficult the original illegal confession excluded. Third,focuses on the cause of many problems exist pretrial confession third reason for trial use. Review mechanisms tend to use evidence confessions centrism. Assembly-line construction litigation review mechanisms leading to evidence confessions centrism. Certify that mode to highlight evidence confessions centrism review mechanism. View of litigation lawsuit led to a punishment mechanism confessions centrism.Four section : this section focuses on the regulation of the use of the recommendations pretrial confessions. First,investigation and interrogation improve procedures and related security systems to ensure that pre-trial confession voluntary. Specifically,standardized examination time、interrogation methods and interrogation sites, perfect hearing before the notification system, shall be compelled self-incrimination principle, establishing silent right, establish investigation, detention charge system, investigation and Interrogation perfect audio and video recording system, the right to establish the presence of a lawyer questioning behavior supervision. Second, strict implementation of the exclusionary rule. Reasonable evidence of illegal behavior and distinguish legitimate investigative tactics,and effective implementation of the burden of proof the legitimacy of confessions. Finally,establish a reasonable review of the use of pre-trial testimony mechanism. Comprehensive review of the pre-trial testimony. Proper use of rules and reinforcing regulatory examination confirmed the use of pre-trial testimony. Improve the quality of judges and update the concept of judge. External factors digestion method using pre-trial judge improperly confession intervention. Increase the use of pre-trial judge confessed accuracy.