Study On The Voluntary Confession Rule

The voluntary confession rule is also known as the non-arbitrary confession exclusionary rule by the academic community,which is an important principle to judge the confession on a voluntary basis in order to ensure the authenticity of the confession and eliminate the false one.With the replacement of foundation of the theory of voluntariness of confession and the constant deepening the theory of voluntariness of confession in juridical practice,the value tendency of voluntary confession rule turns to maintenance of procedural justice from previous finding of substantive truth.In order to guarantee the voluntariness of confession,various countries instituted The Right to Silence on the basis of the principle “privilege against self-incrimination”,endowing lawyers ' right of presence when the interrogee prosecutes national public power.The voluntary confession rule has been developed mature legal system in both common law system countries and civil law countries?However,China has paid little attention on this vital rule,which results from deep concept of punishing crimes greatly.Criminal Procedure Law implemented included the “privilege against self-incrimination” into legislation,attracting attention of domestic academic circles towards the silence right system and its relevant supporting measures.Through inspecting various basic measures affecting confession workability and processing of confession worability,the thesis sums up the basic methods of exclusion of involuntary confession adopted by various countries,analyzes regulations of confession workability in present Chinese legislative branches and then finds limitations.Therefore,several ideas about the establishment of voluntary confession rule will be put forward.The thesis will be divided 4 parts to conduct research on the voluntary confession rule:Firstly the thesis makes deep research on the basic theories of the voluntary confession rule.The thesis first introduces the basic definition of the voluntary confession rule,the theoretical basis,origin and applicable conditions of confession,voluntariness and voluntariness of confession.Then it discusses two aspects of value pursuit for the voluntary confession rule as follows: Substantive law value and process value,and analyses on the relations between the two values.Finally it reaches the conclusion that voluntary confession rule is the result of balance and select of the two values.Secondly,the thesis investigates several classic behaviors which might affect the voluntary confession rules.The connotation of the voluntary confession contains " intervention without improper behaviors" and "the prophet".This thesis introduces some typical interference behaviors of the voluntary confession in classification such as violence pressing,threats,enticement,deceit and not being informed.What's more,it introduces the different treatment of confessions obtained from improper interference behaviors between civil law system and common law system.Thirdly on the basis of theoretical research and investigations,the thesis reflects that the defects of voluntary confessions rules also exist in the similar legislation in China.The concept of confession doesn't exsit in the domestic legislation,not to mention the voluntary confession rules.The concept of the confession of guilty from the criminal suspect during the investigating period in China and the concept of confession in western countries are basically similar.The fiftieth criminal procedure law in 2013 for the first time has stipulated that no one is forced to prove his guilty ",which established the principle of nobody can be forced into proving self incrimination.The basic spirit of this principle is in agreement with the principle of the rule of voluntariness of confession which advocated that "there is no self incrimination obligation".Article fiftieth of the "Criminal Procedure Law" provisions has stipulated prohibited acts of the evidence rules which is almost the same as "the misconducts of interference confession" listed in provisions from various countries.Through the analysis of the similarities of confession rules between domestic and foreign provisions,it revealed that prohibited norms and evidence prohibition norms can not be corresponded in Chinese acts,it needs the rule of voluntariness of confession which has becoming a necessity to set up the voluntary confession rule in china.Lastly,According to the defects existing in voluntary confession rules and its similar rules,the thesis provides several ideas about how to establish the voluntary confession rule,including: abolish the “an honest answer”relevant rules,introduce the concept of confession laws,clear and define the exclusion range of non-voluntary confession,establish the proof standard to review the voluntary confession.At last,to make sure the voluntary confession rule play an effective role in the juridical practice,the voluntary confession guarantee system will be established and relevant supporting measures will be taken immediately.