Font Size: a A A

Empirical Research In Bribery Case Of The Defendant Confession Withdrawal In Trial

Posted on:2017-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:S S JinFull Text:PDF
GTID:2346330485997915Subject:Criminal justice
Abstract/Summary:PDF Full Text Request
Bribery cases hearing is a very complicated and difficult task, on the one hand, due to the special nature of the subject of crime in bribery cases, the hearing will usually cause some concern or external pressure; on the other hand, since there is no bribery crime scene to survey, covert methods of crime suspects and strong sense of self-protection in the course of a hearing so easy because of the lack of evidence of the case into the authenticity of unknown position. If the defendant retracted in court, the original weak evidence system will face the risk of collapse. However, in practice, in cases of bribery defendant retracted in court only as regards the hearing of the confession withdrawal trial, the defendant is opportunistic, has reflected in luck, and did not attract attention. The paper argues that bribery cases trial on withdraw of confessions phenomenon, not only bribery cases in question the probative force of the evidence, its roots lie in the integration of the pattern of criminal proceedings, including criminal proceedings for the purpose of tilt, construction litigation rendered "control trial one" and "Investigation Standard". In a sense, retracted in court the accused right of defense, advocates of the interests of the program, it indicates that the current litigation system inadequate internal and external limitations in the pursuit of justice and procedural safeguards entity interest, reflects our suit system, we must solve the problem evidence system and the governance of the country exists, should be in-depth study of the phenomenon as an important justice. However, existing relevant studies, more concentrated focus on the causes and eliminate the trial confessions countermeasures, rarely conduct research confession withdrawal against bribery case trial litigation phenomenon from the system level, the system level evidence-depth analysis of the causes of their problems article mapping out the deep-seated problems article. Therefore, this paper retracted in court bribery case this phenomenon as the starting point, the use of empirical research methods, practical flip through hundreds of judgment document, trying to explore the phenomenon of the legal issues and practical problems. On the one hand, expect Perfection can effectively reduce bribery case defendant retracted in court the phenomenon, on the other hand expect once the defendant retracted in court, the prosecution and the judge can give due attention to this phenomenon.Introduction and epilogue is divided into three parts:The first section is status bribery case on withdraw of confessions in trial investigation. This part is the core of empirical research data from five aspects of the situation analysis and research show court hearing confessions in bribery cases, including the trial on withdraw of confessions rate and reason, type of evidence to refute the prosecution's burden of proof, the prosecution and the trial judge on the attitude of confession withdrawal, the influence of confession in court for the withdraw and the effect on the trial proceedings process.The second section is the causes of hearing confession withdrawal bribery cases analysis of the status quo. This part survey data and interviews as a precondition to the trial judge and credible confession withdrawal rate was the main line, from construction litigation, investigation and evidence system mode three aspects in-depth analysis of the causes of bribery cases hearing Confession Withdrawal the status quo.The third section is bribery cases respond confession withdrawal trial strategy. This part from the system level, and proposed a series of conceptual level to deal with the issue of confession withdrawal trial strategy, mainly include integration criminal structure reform, construction of a separate bribery case evidence system, investigation defense consultation mechanism established in bribery cases, establish a system reform proposals of duty crime pre-trial proceedings integration mechanism and change of investigation philosophy and other handling concepts.
Keywords/Search Tags:Bribery Cases, Court Withdraw Confession, Rate of Admissibility, Structure of Criminal Action, Bribery provisions
PDF Full Text Request
Related items