Study On The Position Of "Confession" In Ancient China

It is crucial for our civilized and legal construction that we properly handle oral confession, emphasize evidence but not easily believe oral confession, eradicate inquisition by torture, decrease unjust cases and perfect criminal proceedings learning from history. There has always been "highest confession" conception in our traditional judicature. Thus confession and torture is concomitance and mutually reinforce and promote each other which lead to seriously infringe personal right of the defendant. False confessions and unjust cases emerges gradually as inquisition by torture. Torture does not necessarily lead to injustices, but there is certainly to torture behind unjust cases. For precaution decrease injustices, the most important thing is that we should eradicate torture and have a proper attitude toward confession. Since the 1979 Code of Criminal Procedure Law has prohibited torture and 1996 Criminal Law has regulated "Exclusionary Rule". Furthermore,2012 Criminal Law an,2013 Criminal Law Interpretation and 2013 the supreme court opinions of prevent false cases regulate that there only is confession of defendant, not other mutual proof of evidence, can not be convicted, which always further improve the rule of confession. But judicial personnel always has excessive passion for confession. In recent year, the exposure of a pile of injustice make people sighed with regret. What prompted judicial personnel extract confessions by violating the law. This paper analyses the causes and characteristics of the history of the "highest confession" status and summed up the reasons of confession worship and points out that current litigation is affected by thousand years of "highest confession" mode, which is mainly owing to the high standard of proof and excessive overemphasis the subjective element. This increases difficulty of investigation, prosecution and trial. However, confession by unique function can meet many requirement. Lack of documentary evidence,material evidence, record of investigation and examination, witness testimony and other evidence of the collecting capability. Otherwise "From Confession to Evidence" mode can improve work efficiency and save litigation costs. It is inadequate supervision and restriction for investigation stage that results in unsatisfactory confession governance. And phenomenon of confession dependence is serious in judicial practice. According to this, firstly, improve the exclusionary rule of illegally obtained evidence and classify the "threat" and "lure" and other illegal way into exclusive ranges. Secondly, establish gradually Right of Silence and formulate the right to the presence of attorney. Finally, treat equally all cases. We take audio and video recording and manage separately investigators and technician in charge of video-recording which improve work efficiency and transparency, reduce torture and lower enthusiasm for confession. We should learn the bitter lessons from history of torture to handle properly and reform orderly confession rules. Better promote the national construction law.