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An Accomplice Confession Evidence Of Effectiveness Studies

Posted on:2017-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ChenFull Text:PDF
GTID:2346330536976096Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
From the point of view of our country's legislative provisions,the proof power of the defendant confession is limited,and China's new Criminal Procedure Law also provides for the application of the defendant confession,namely Article 53 of the Criminal Procedure Law,"sentenced to all cases Only the defendant confession,there is no other evidence,the defendant can not be found guilty and punishable ".However,this law provides whether the confession of the accomplice has a corresponding effect,China has no relevant legal and judicial interpretation of the provisions.But in judicial practice and practice,investigators feel very difficult problem lies in this,that is,the nature of confession is what? How effective is it? From the strict rule of law point of view,the nature of the accomplice confession and the power of proof is the need for institutional and legal provisions to regulate the problem.China's legal theory on the nature of the accomplice confession has been controversial,whether the confession is a confession of the defendant or a witness testimony,there is no conclusion.In this dispute,the scholars have put forward a positive,negative,compromise,said three views.The assertion that the accomplice's confession can be used as a witness testimony,the relationship between the accomplice can be identified as a witness;the negative does not recognize the witness status of the accomplice,that the confession can only be used as the confession of the accused,not as a witness testimony.The compromise is to find a tipping point between affirmation and negation in order to fuse their merits.They agree that the nature of the accomplice should be attributed to the accused confession rather than the witness,but they also emphasize that when the accomplice has The corresponding conditions or requirements,you can only confession in the case of conviction.The author believes that there are unreasonable for the theory of affirmation and compromise,for example,it certainly weakened the defendant and witness in criminal cases in the process of status and role;while the compromise theory seems reasonable,is positive and negative Said the weaknesses,but in the judicial practice of this ambiguity in the theory of such a very poor maneuverability.Therefore,after a specific analysis of different circumstances,I believe that the confession should not be witnesses testimony qualitative.After analyzing the nature and the proof force of the confession,it is inevitable that the accomplice confession will be confronted with the problem of the judicial application.The concrete manifestation is to adhere to the principle of non-conviction,the confession of confession,Evidence reinforcement and other three aspects.In view of the characteristics of the confession and the characteristics of the accomplice and the defendant,the accomplice can not be convicted.In addition,in the light of the characteristics of the confession,,Then in the sentencing conviction sentenced to the corresponding evidence must be reinforced on the above statement,then the evidence should be reinforced what kind of conditions should be used to use the rules,these Are worth exploring in depth.It can be seen that a comprehensive and in-depth analysis of the classification,nature and probative force of the confession is the key to the application of the accomplice's confession in the judicial practice and the study of the evidence effect of the confession.
Keywords/Search Tags:Confession statement, Effect of evidence, Evidence system, Rules of oral confession reinforcement
PDF Full Text Request
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