On The Rule Of Oral Confession Reinforcement

The rule of reinforcement of confession is the rule of value pursuit,which aims at the proof of guarantee confession,and takes the prevention of giving more attention to oral confession and the prevention of misjudgment as the pursuit of value.It is the cornerstone of modern evidence law.As an important rule of evidence,the theoretical study of the rule of confession reinforcement in our country is relatively scarce,the legislation is not perfect,it is only a rule of principle,not high operational,can not solve the practical problems encountered in judicial practice.Therefore,the current study of confession reinforcement rules has both theoretical value and practical significance.In addition to the introduction,there are four chapters in this paper.In the foreword part,the causes of wrongs found in a series of cases in recent years are almost related to confessions,and the rules such as confession reinforcement are not effectively implemented in the judicial links such as investigation,examination and prosecution,trial and so on.The first chapter is an overview of the rules of confession and confession reinforcement.This paper mainly expounds the concept of oral confession and its evidentiary legal characteristics,as well as the meaning,nature and function of the rule of reinforcement of oral confession,and points out that the rule of reinforcement of oral confession has the dual value of preventing oral confession and misjudgment.The second chapter is the general principle of the reinforcement rule of confession.It mainly revolves around four aspects: the confession that needs to be strengthened,the scope of the reinforcing evidence,the degree of reinforcement and the reinforcement of the confession of the accomplice.By combing some theoretical views and judicial practice at home and abroad,the basic composition of the rules of oral confession reinforcement is thoroughly understood and analyzed.The third chapter is about the practice of the rules of confession reinforcement in our country.In the aspect of legislation,there are three problems: the definition is not clear,the scope of confession is not clear,and the evidence ability and standard of proof are not clear.In the aspect of judicial practice,the author puts forward two problems,such as the use of irrelevant evidence or insufficient evidence to reinforce the confession and the lack of the decision of the confession.The fourth chapter is the necessity of perfecting the rules of oral confession in China.Improving the rules of oral confession reinforcement is the necessary requirement to improve the standard of case proof,and also adapts to the needs of the mode of proof in our country,and it is also the practical need of judicial practice.The fifth chapter on the improvement of the rules of oral confession reinforcement.In order to solve the problem of unclear legislation of the rules of reinforcement of oral confession,the author puts forward some detailed and clear suggestions one by one.In order to make the rules of oral confession reinforcing play its due effect in practice,this paper puts forward three suggestions on regulating the acquisition of oral confession out of court,strictly examining the truth of confession and establishing a guiding case system.