Phenomenon And Countermeasure Research Injustice Induced False Confessions

During recent decades, we have witnessed several unjust false and erroneous cases in China’s criminal judicial field, which not only hurt the human rights of innocent defendant, but also severely shaken people’s confidence of justice. As a result, it evoked a series of adverse effects. In order to prevent such phenomenon and as well to establish a complete injustice prevention mechanism, we must trace back to the source so as to find the cause of injustice. Based on the data we have accessed, it is easy to find that the false confession is the main cause of the errors in China. To prevent errors, it has to take the false statement as breakthrough point and explore the effective way of malocclusion. After referring to a large number of relevant literature, the author decided to take the Injustice and Its Countermeasures induced false confessions as the topical subject on the basis of cases study, discussed the concepts and characteristics of false confessions, and then explored that how false confession acting in the injustice. Finally, the author will put forward the feasible reform suggestions and hope to benefit the judicial practice.In addition to the introduction, this thesis consists of five parts; the first part is an overview of the false statement. First of all, through the definition of the concept of false confession by western scholars, this part will lead to the connotation and extension of false statement and definite the scope of false statements combined with China’s specific legal context. Then, this part will divide the type of false statements. Finally, this part will summarize the existence and exclusion of false confession in our country so as to illustrate the value and necessity of clarifying the current situation of false confession.The second part analyzed the effect that arises by unjust cases. Firstly, we analyze the process in which false confession leading to injustice formation, include: lack of evidence, prove finite, and how the confession becoming the key to ultimately qualitative case, judicial personnel’s guilty assumption and litigation psychological bias; proceedings of the recognition difficult. With triple factors and under the joint action of police, prosecutors and criminal suspect or defendant, it eventually formed the grievance process.The third part is based on the causes of the formation of false confession. And this part discusses the common problems exposed in specific cases and summarizes the reason why false confession fails to be ruled out of the existing judicial environment in our country. The cause of false statement is difficult to eliminate, and we have been cleared about the goal of reform, clarified the real obstacles.The fourth part draws lessons from other countries that advanced in illegal confession evidence exclusion, and mainly introduces the United States, Britain and Germany’s existing system, which can be used for reference and provide reference for further reform in China.The final part provides measurement and solutions combined with China’s specific conditions and foreign legislative experience to the problems that put forward in the third part and proposed higher requirements for the review of the court trial process. Suggestions were made to consummate the trial centrism, inform an independent division of illegal evidence exclusion before opening a court session, pay attention to the oral confession authenticity review and hope to consummate the related system at the same time and then put forward the solution with reference and contribute to our country’s reform of the judicial practice.