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On The Acceptance Of The Confession

Posted on:2017-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:A L JiangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The value of confession in criminal justice is unparalleled.Regardless of its theoretical value as "the king of evidence" or practical value as "no conviction is made without confession",confession has always been an important research part of the criminal procedure law and criminal evidence act.Due to the importance of the confession,the defendant on three sides,the prosecutor,the defendant and the trial all notice its importance and the confession of the criminal suspect or the defendant has become the most unstable evidence in various types of evidences of criminal procedure thus has brought about great difficulty to case review and trial.So what kind of confession in criminal litigation is admissible and what kind of confession should be excluded in criminal proceedings,is a difficulty in judicial practice.There are only principled provisions in the law,but lack of maneuverability.In practice,the admissibility of confessions mostly depends on the judicial training and case handling experience of the judicial officers which objectively causes the different verdicts of the similar cases,affecting the balance of the applicable law.The paper holds that the confession to be admitted in the criminal proceedings and as a basis for the final verdict,should be equipped with the voluntariness,authenticity and legitimacy.How to judge whether the confessions have those properties?This article has made some explorations.As for the confessions without all the properties,they shall not be completely ruled out,but be reinforced as far as possible to make confessions reach the conditions of the admissibility of lawFor various forms of confessions in judicial practice,this article has summarized and targetedly put forward specific strategies regarding admissibility of confessions.This paper aims at providing solutions to the reasonable,legal and efficient admissibility of confessions in the review and trial of criminal cases through research,exploration and discussion of the related issues regarding confession.
Keywords/Search Tags:Confession, Admissibility, Criminal procedure, Evidence
PDF Full Text Request
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