On Guarantee Measures For Authenticity Of Juvenile Confessions

Recently,with the correcting of some criminal misjudged cases,there are many reflections and perfections on the criminal justice system,such as strictly forbidding of extorting confessions by torture,effectively guaranteeing of the right to defense,adhering to judicial independence,video simultaneously while interrogating and so on.All these reformations have its reasonability,but all of them are ambiguous principles for general criminal cases lack of specialization and pertinence.Firstly,some researches do not pay attention to the special identity of the party.Taking juveniles as an example,this identity means that the party has special vulnerability and is lack of experience,which will make him easier to be subdued or induced for false confessions.Secondly,most of the current researches are still limited in two segregated areas,law and linguistics.Most of them lay more stress on principles and statements but neglecting operations and practice.Comprehensive researches,which base on law,linguistics,psychology or other subjects,are rare.Taking behaviors to collect evidences as an example,although China has payed much more attention to legal norms for behaviors to collect evidences,linguistic behaviors during the collecting process and cross-examination in court get little attention than they should,because they are always hidden but not obvious on the surface.Relevant systems are also incomplete.The thesis chooses juvenile defendants as the object,and studies ways to guarantee the authenticity of their confessions,from the aspect of linguistic behaviors during collecting evidences and cross-examination in court,based on law and linguistic knowledge.According to possible influences that linguistic behaviors may lead to the authenticity of juvenile defendants' confessions,this thesis tries to make a conclusion on the expressions and characteristics of linguistic behaviors in practice with relevant examples and cases.Based on before conclusions,the thesis will summarize problems in current legal practice and their contributing factors.In the end,the thesis will make some suggestions on relevant system construction to prevent false confessions which will lead to misjudged criminal cases.There are five chapters in the main body.Chapter 1 describes concept definitions of juvenile defendants in Chinese criminal laws and linguistic behaviors in collecting evidences and cross-examination in court,emphasizing the particularity of juvenile defendants in criminal justice activities.Chapter 2 discusses the influences of behaviors in collecting evidences and cross-examination in court will cause on authenticity of juvenile defendants' confessions.Chapter 3 introduces legal norms in Chinese criminal legal system,international regulations and norms in some important countries.Chapter 4 makes a conclusion on problems and their contributing factors in current legal practice,based on examples and cases.Chapter 5 gives suggestions on ways to guarantee authenticity of juvenile defendants' confessions,including relevant legal systems,linguistic behavior pattern and reasonable use of interrogating strategies.