The Research On Retracting Confession On Trial

In the judicial practice,the phenomenon of retracting confession takes place frequently.How to examine and judge the evidence of confession and how to cope with retracting confession have become a difficult problem perplexing the judicial personnel.This article selects retracting confession on trial as the research object,and according to the judgment documents on criminal cases from 2011 to 2014 published on the Chinese Judgments Online,counts and analyzes the quantity,the types and the reasons of withdrawing a confession.What's more,through the investigation on the examination and judgment of retracting confession on trial in practice,the article analyzes how the judges handle the situation after the defendant retracts confession.At the same time,based on the specific cases,the article also summarizes how the judges examine the retraction of confession currently,that is from the several aspects,such as the reason of retracting confession or whether the content of pre-trial confession conforms to the common sense or whether the different pre-trial confessions consistent with each other or the sequential order between the pre-trial confession and other evidences or whether they are mutual corroboration and so on.No matter the defendant retracts confession on the basis of what reason,the judges rarely adopt the reason in practice.The deep reasons include the assembly lined litigation structure,the investigation pattern based on investigation centralism and the judgment pattern based on file centralism.In addition,the deep-rooted principles in the judges' hearts such as the presumption of guilt,regarding entity and belittling procedure,regarding striking crimes and belittling protecting human rights,confession centralism,regarding governing and belittling regulations and so on are also the reasons in the respect of idea.By renewing ideas to realize the reform of litigation from record centralism to trial centralism,from investigation centralism to judgment centralism,and gradually establish the reform of Chinese criminal evidence rules and other supporting systems,and the reform of video-recording in the whole process of legal interrogation,the right of lawyer-on-site and other concrete measures.The purpose is to expect the article can be of help to the precaution and settlement of retracting confession.