A Research On Admissibility Of Derivative Confessions

The theoretical framework of illegal evidence exclusion rules has been preliminarily formed,but there are still a lot of problems the repeated confessions included that cannot be adjusted.It is necessary to clear the evidence ability of the repeated confessions,due to a direct relationship between legal evidence capability and the rule of exclusion of illegally obtained evidence.Our country has not sufficient experience in repeated confession theory and practice,while the United States' exclusion rules of "the fruit of the poisonous tree" and relevant cases have already existed and developed,and in Germany,there is provisions on the use of evidence are prohibited and the denial of repeated confessions in violation of 136 a in criminal procedure law.By comparing the similarities and differences in repeated confessions of the German and the American,based on the experience of the two countries,to reflect on the problems in judicial practice of our country.Such as,the prudent legislation,confusion in practice,and the lack of trial rules.Finally,clearing the repeated confession of rigid exclude mode and flexible exclusion rules,establishing the typical cases and improve the system of court before the meeting through studying foreign countries experiences and combining the current situation of legislation in China.