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Research On The Voluntary Confession Rule

Posted on:2019-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:P J LiuFull Text:PDF
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The voluntary confession rule is an important rule of evidence in criminal procedure law,which is of great significance to restore the facts of cases and safeguard human rights.The theory of the voluntary confession rule is the logical starting point for writing.Specifically,the normative system of the voluntary confession rule can be divided into two parts which are "the composition of rules(legal elements)" in the lawsuit and "value function" out of the litigation.With the development trend of the refinement of criminal proceedings,the cognition of”confession" tends to be specialization and technicalization,and further interprets it from the two dimensions of"narrow sense" and "broad sense".The analysis of legal interpretation of "confession"and "voluntary" span two major areas of the criminal evidence law and the criminal procedure law,and they are able to converge in the study of the specific system of voluntary confession rule.Then it takes the voluntary confession rule of the United States and Japan as the objects of investigation,and introduces the history of the system in two countries.The voluntary confession rule in American law gradually accumulates with the keystone of cases.The change of referee criteria from "comprehensive judgment" to "procedural judgment" also makes the examination of voluntary confession more operative.The specialty of the voluntary confession rule in Japanese law is that it determines clear and specific examination criteria from the perspective of"illegality of the procedure for collecting evidence" and "causality".These mature legislative examples provide useful references for the perfection of voluntary confession rule in China.By practicing the research method of combining academic theory with judicial practice,it analyzes the causes of the involuntary confession by taking the misjudged cases,and the reasons are as follows.The imperfection of laws and regulations,which led to endless illegal collection of evidence,the lack of presumption of innocence,the absent of lawyer in the interrogation,the lack of censorship on involuntary confession of court,and so on.Therefore,our country needs to construct the voluntary confession rule to prevent involuntary confession as the basis for finalizing cases,and to prevent the occurrence of miscarriages of justice.To return to local concerns,it discusses how to build the voluntary confession rule and how to prevent the formation of involuntary confession.The emphasis should be on the establishment of the voluntary confession rules from the improvement of laws and regulations.For example,it is suggested that the laws and regulations and various provisions of our country should define the way of "seduction and deception",and the obligation of truthful confession should be deleted.And the popularization of presumption of innocence will bring new legal environment,which would further improve the judicial civilization and lay a good ideological foundation for constructing the voluntary confession rule.The reduction of censorship threshold of the confession arbitrariness,the rationality of the way of examination,and the scientificity of standard of examination and judgement can guarantee confession and arbitrariness.Finally,out of logical self-consistency and complete system,it is still pointed out that the right of attorney present can be given to ensure the voluntary of the suspect's confession,to perfect the whole course recording and video,and to give the court sufficient authority to strengthen the court's control of the entire recording and video recording,to prevent the entire recording from being edit and cut,and to improve the system of investigator's appearance in court.For example,it is suggested that the investigator who should attend in court but refused without justifiable reasons may provide a supporting facility for fulfilling the voluntary rules of self-confession in accordance with the sanction provisions of the witness's refusal to attend in court.
Keywords/Search Tags:The voluntary confession rule, the privilege against self-incrimination, extort a confession by torture
PDF Full Text Request
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