The Research On The Rule Of Law From The Ecidence Of Oral Confession

The suspect, the defendant’s confession is the judicial organs, most want to get one of the best evidence to prove force, but also the important evidence in the criminal procedure of conviction and sentencing. In the historical stage of the rule of law to promote a comprehensive, oral confession evidence in criminal proceedings will play an important role, but the related system is not perfect. In this paper, from the basic concept of confession of starting, analysis of each category associated with oral confession evidence, analysis of the existing rules of confession, put forward suggestions. This article believed that, must strengthen the comprehensive upgrading of confession evidence, constructs conforms to the trend of the times of oral confession evidence rules.This paper thinks: the concept of oral confession evidence unclear definition, scope is unclear issues which need to be improved. Confession is the concept of basic research into the problems of the present all, think it belongs to the criminal suspect or defendant’s plea and confession is not complete and partial. they build up the various dimensions of oral confession evidence, therefore, the range of oral confession evidence not only covers the dominant content such as legal organization and the confession system, at the same time there are many hidden content need to carefully study.This paper thinks: oral evidence is not exist in isolation, but in the present age as the background, and the inheritance of historical memory. On the one hand, there is a close relationship between confession system, rule and the rule of law, together constitute the confession of the past, present and future development path. On the other hand, oral confession evidence not only belongs to the criminal procedure law, evidence law, because through the baptism of time has a unique cultural characteristics of the oriental culture, stressed that although the harmony, provides the basis of flood but its ruling ideas to confession centered, while western culture has experienced several times of thought enlightenment, its emphasis on social order that make them get rid of the savage, go on the road of the rule of law, but no matter how the Western present differences, the pursuit of fairness and justice is the same goal.This paper thinks: confession centered doctrine, the rule of corroboration to confession and zero confession rules as used in the oral confession mode are to a certain extent, reflect the current situation of the development of our country. Confession centered doctrine caused the phenomenon of torture and unjust frequently, is proven that is not suitable for the development of the trend of the times, must as soon as possible to abandon. The rule of corroboration to confession is the main evidence rules in our country at present are used, although the play a great role in the process of judicial organs in handling cases, but with the development of the times, has shown more and more disadvantages need to improve. Zero confession is a formulation of relatively new, it has produced in the bud, but the reality is not defined clearly, unclear orientation have made it difficult to play its due effect, and high requirement of technology does not conform to the reality, these systems are to be improved.This paper think: if you want to improve our oral evidence, cannot only minor repairs, but to the difficulties and solve complex problems head-on. Among them the most important is to reflect the culture of the rule of law in the oral confession evidence, prompting the rooted in people’s life, become a kind of habit and belief.