The Legal Regulation For The Behaviors Of Elicit Confession And Extorted Confession

Trickery and obtaining testimony by deception was forbidden by the code of criminal procedure in our country,cause its illegal obtain evidence action.It was forbidden by the code of criminal procedure 1996 that extort a confession by torture,threats,lures,deception and other illegal methods to collect evidence.The new revised code of criminal procedure 2012 provide that the evidence collected by torture or other illegal from the suspect and defendant will be eliminated,but there is no any rules about how to handle the evidence collected by trickery and obtaining testimony by deception.Judicial interpretation of the supreme court have the explication of such extort a confession by torture,but no more about trickery and obtaining testimony by deception.Which comes lots of investigate out of bounds.There is no clear-cut bounds between trickery,obtaining testimony by deception and legal investigate skills or strategy,tempers flares between law enforcement efficiency and justice.The confession collected by trickery and obtaining testimony by deception get into the embarrassed situation that forbidden by law,eliminated by explication,usually in investigate,ignorance in trial and tolerance in society.Trickery and obtaining testimony by deception as the common investigate method is positive for the suspect’s testimony and detective case.But it will be grievous danger if use the wrong investigate strategy with Trickery and obtaining testimony by deception,In order to reduce the danger caused by Trickery and obtaining testimony by deception.It seems so extremely important to restrict it under the regulations.I have analysis the Trickery and obtaining testimony by deception after literature checked and case study.This article was divided into 5 sections to introduce it as below :The first section is to marked its difference under its own definition.Trickery is to obtain testimony by use the dishonest methods to trick someone.Obtaining testimony by deception is a trick intended to make somebody believe something that is not true.They are substantivity,falsity,cunning,and invisible as the investigate methods,Because they have different forms with different style,i regarded the result,content’s facticity and using methods as the standard,also divided Trickery and obtaining testimony by deception into 3 style : the pure trickery,fraudulent trickery,pure obtaining testimony by deception,but honest trickery and emotion trickery from the trickery are legal,trickery by threat,by cheat and pure obtaining testimony by deception are illegal trickery and obtaining testimony by deception.The second section was contained the legislation and justice situation in our country.Trickery and obtaining testimony by deception was forbidden by the code of criminal procedure in our country without how to manage it.This tabbed and unclear legislation could cause the hard investigate practice work with a mass of justice confusion.The third section was the analysis of reason how the trickery and obtaining testimony by conception come.‘Principle on confession’s central position in evidence ’had distort the investigator’s investigate wisdom badly,and then appear the illegal investigate.Incomplete evidence legislation makes investigators more arbitrary.What’s more,it will cause more trickery and obtaining testimony by conception because of the imperfect investigate system.And more and more appeared in the investigate and justice practice.To analysis the miscarriage of justice in our country,we can learn that trickery and obtaining testimony by conception was the headstream of false testimony.which will be successfully run into the court hearing and accepted.So comes lots of mistake that can not fixed.The fourth section is to analysis the danger of trickery and obtaining testimony by conception.Firstly,it will causes false testimony thatinfluence the facticity of case;Secondly,it is vicious investigate that will cause moral risk;Thirdly,that will make the judicial authority lose honest,reduce the justice credibility,cause law risk,society become more chaotic,the populace will not trust the justice and impede the justice society development,and cause society risk.Thus I combined and studied some foreign advanced methods,then provided some idea and strategy about how to control it.Firstly,Change the concept thought of investigators and choose the right investigate;Secondly,perfecting the relevant legal regulations to solve the problems disjoint between law and justice investigate;Thirdly,perfecting the investigate system and relevant evidence legislation in our country to reduce false testimony and miscarriage of justice,to better finish the duty that against crimes and protect human right based on code of criminal procedure.