Research On The Evidence Capacity From An Inducement Of Confession

The research contents of this paper are as follows:The first part is the connotation of inducement of confession,the existent necessity of inducement of confession,the relationship and difference between the confession obtained by deceive and inducement and the relationship and difference between the confession obtained by threat and inducement.Firstly,the inducement confession includes confession obtained by guide and promise.Obtained by guide means interrogators guide suspect's confession through speculative language,obtained by promise means interrogators obtain suspect's confession through commitment language.Secondly,the existent necessity of inducement of confession are: the psychological condition of the interrogated person is complicated,there is fear,luck,alert,pessimistic situation.Through a reasonable inducement strategy can make the crime truthfully confess.Thirdly,the key to distinguishing it from the strategy of deceiving is to examine the main purpose and tactics of interrogation.The key to distinguishing it from the threat of interrogation is to see whether the mentor has a strong sense of pressure.The second part is the present situation of the capacity of evidence from an inducement of confession in our country.Firstly,we study the connotation of the evidence capacity.The evidence capacity refers to the legal qualification that the evidence is used in the criminal procedure to be strictly proved,and is compared with the admissibility of the Anglo-American law system,it is clear that the admissibility includes both the factual concept of relevance and the exclusion of the legal concept of evidence.Relevance is a prerequisite for admissibility.And the evidence capacity is completely a legal concept,the judge through the degree of relevance to consider weight of evidence.Secondly,we analyze the scholars' main points about the evidence capacity from a inducement of confession: absolutely excluded or discretionary adopted.Finally,it analyzes the judicial status about the evidence capacity from a inducement of confession:(1)the law provides a uniform,generalized,no specific rules;(2)According to the author's analysis of the 400 judgments,found that only nine cases of the judge thought there may be illegal inducement,thus excluding the confession,the remaining 97.75% ruling thought that there is no inducement for a variety of reasons.These reasons are too general,or have no proof of value,can not be convincing.(3)In practice,the judge determines whether the evidence is capable or not by measuring the weight of evidence.When the weight of evidence is strong,even if illegal collection,may also be adopted.This new method of determination,when used properly can accurately identify the case,When used incorrectly will lead to miscarriage of justice.The third part is a comparison of foreign evidence capacity from a inducement of confession.Firstly,we analyze the evidence capacity specification of the two legal systems.Because people question the professionalism of the jury and the judge use their discretion excessively,the Anglo-American law system finally developed a statute of limitations on the judge's discretion.The Civil law continental law system because of the full confidence of the judge,there is less mandatory evidence capacity specification,with a strong value factor.Secondly,We study the attitude of the five countries to evidence capacity from an inducement of confession of the United Kingdom,the United States,Germany,Japan and Italy.These country have their own point of view,but the clear legal provisions rarely.The fourth part is to put forward a concrete idea of evidence capacity from an inducement of confession.Firstly,improve the legal provisions and supporting explanations,so that the public security and judicial organs can learn from the law.Increase terms about evidence capacity from an inducement of confession.The supporting explanations should define the connotation of inducement of confession,The public prosecution organs bear the burden of proof,and the interrogation organs should clearly record the details about luring way,the judge determine evidence capacity through their free evaluation or consult experts.Secondly,we must adhere to the premise of authenticity,through legitimacy to determine the evidence capacity of confession obtained by guide and promise.Respectively,there are 5 rules and 3 rules for confession obtained by guide and promise.The fifth part is to come up with safeguard measures about evidence capacity from an inducement of confession.Firstly,improve the system of the entire sound recording or video recording.In any case size,shall be monitored,ensure video equipment preventive maintenance and repairing,increase recruit local judges,to ensure the impartiality of the trial.Secondly,improve the quality of interrogators.Improve their professional trial skills,enhance industry knowledge,detail information note about inducement of confession,and strive to become all-round talents.Thirdly,optimize construction of interrogation rooms.According to different psychological status of crime suspects,set up different interrogation rooms,and real-time monitoring to ensure the right of the suspect.Finally,improve the system of referee instruments.To avoid the referee reasoning a single,general,perfunctory.Using a variety of reasons simultaneously,a variety of proof methods combined,a variety of evidence to prove each other,to achieve the greatest degree of credibility of the referee.