Research On The Reliability Rules Of Confession After Retracting In Trial

It is a problem when the criminal suspect or defendants withdraw its confession in the judicial practice.The criminal suspect always has many interrogation transcripts in the stage of criminal investigation or initiation of public prosecution.Investigators or prosecutors have doubts in the truth of confession if the confession of interrogation transcripts is different.If the situation occurs the trial,judges don't know to believe which confession.To solve this problem,"hidden rules " and "local criminal evidence rule " always exist in judicial practice.In order to lead judges to examine the confession after overthrowing.The article 22 of “the provision on issues concerning the examination and evaluation of evidence in death sentence cases ”and the article 83 of “the Interpretation of the Supreme People 's Court on the Application of the Criminal Procedure Law of the People' s Republic of China” enacted this rule of examination the reliability of confession after overthrowing.Although the rule has been applied in judicial practice,because the conditions are not specific so that false statements cannot be filtered.It is necessary to comprehensive study the connotation,value and problem of the rule.The thesis is divided into three parts: introduction,text and conclusion.The text is composed of four parts.Through the summary of the experience of daily life,the problems of retracting the confessions and the reality of the bias in the judicial practice,we found that it's necessary for the establishment and improvement of the rule.The text studies the generation,the running status and the existing problems,and the concrete suggestions of the rule.The text is as follows:The first part elaborates and analyzes the establishment process and reason of the rule.This part first analyzes the process of the regularization of the rules: When the judge faces the situation that the defender overthrow his confession,the judge summed up a set of ways to judge the credibility of the statement.This method has been affirmed by the local judiciary.In order to protect the quality of the case,The Supreme Judiciary has further refined its provisions in judicial interpretation.This section also analyzes the reasons for the establishment of the rules.There are three main reasons: The judge relies too much on the confession to find the fact of cases;The rules of confession certification are too principled;The judge needs this rule to adjudicate the case.The second part analyzes the basic content of the rule through judicial case?This section first analyzes the principle of confession reliability.It is very important to possess all the evidence and the confession and defense of the defendant.And then analyze the provisions of confession reliability before the trial.The paper analyzes the following two conditions: How to define the reason which the defendant overthrow his confession is unreasonable;How to identify the mutual corroboration of the outside the trial confession and the other evidence.And then explain the provisions of confession reliability in trail.The paper analyzes the repeated situation between the outside the trial confession and the defense.Finally,the paper analyzes the provisions that the outside trial confession cannot be used as a basis for the case,focusing on the condition that there are no other evidence corroborating the outside the trial confession.The third part,combined with the situation in China's judicial practice,points out the value and defects of confession reliability rules after overthrowing.This section first states that the rule has the following meanings:The judge can avoid the harassment of evidence certification and timely admit the confession;The rules of confession certification are perfected to prevent the judge from arbitrarily taking the confession;The rules of confession are unified to ensure the quality of the case.And then according to the cases published in the Judgment Documents Network and to the basic elements of determining the authenticity of the confessions,mainly have the following questions: Because of its role in the proceedings,the complainant sometimes doesn't transfer all evidence materials and confessions and defenses;The review of the reasons for the overthrowing confessions has become such a way whether the evidence is consistent with other evidence,this condition exists in name only;in judicial practice,some judges used the evidence which have no evidence ability as proof evidence;in judicial practice,there is a question of the eligibility of evidence to replace the evidence value,and the basic requirement of the confession is not clear;judicial interpretation is only provided for mutual confirmation,did not clearly reach what extent the confession or cannot accept as the basis of the judgment,leading to the inconsistency of the judge's understanding and implementation in judicial practice;in addition,the rules cover the limited type of provision,and whether it can solve the other situation.The fourth part,combined with the basic theory of evidence and the corroboration rule of United States law presents the perfect proposal.This section first clearly identifies the scope of the confession that have the evidence ability and include all or major criminal facts;and then to explain the object to be confirmed is not limited to the facts of the case,and directly to the authenticity of the confession as a confirmation object;at the same time,it is clear that the evidence must be have evidence ability and evidence value,and the confession that cannot make a substantive distinction with the confession of the defendant cannot be used as evidence,and the confession of the co-perpetrator may be evidence of certain conditions;finally,drawing on the " special knowledge" in American law and combining with the practical application in China's judicial practice,it is clear that the degree of confirmation can be adopted or not adopted.In addition to the protection of the above rules to give full play to its role in filtering false statements,mainly from three aspects to be perfect procedures: Through the implementation of the audio and visual recording system to ensure that the confession had evidence ability and detailed description from the defendant;the confession after overthrowing survey include a legality review and single evidence value review and evidence of the case value review;through the system of referee instruments that,the judge must state the reasons for the admission of confession so that the judge to accept the public for supervision.