Research Of Retracting Confession In Criminal Action

The defendant's confession in court is a common legal phenomenon in the practice of criminal justice in China,especially after the new criminal procedure law.Compared with the rest of the world,the defendant's confession in court in China is more frequent and has become a thorny issue for the judges.In the process of treatment,the judges often show disgust,contempt and exclusion,ignoring the value of the trial confession.Trial of false confession is take the judicial resources,influence the efficiency of litigation,hinders the criminal lawsuit smoothly,but as a special form of evidence,is a way to exercise their right to the defendant,fortifying the trial confession to identify criminal facts,accurate to fight crime,avoid being,the safeguard human rights,safeguard judicial justice plays an important role.Therefore,the judicial personnel should view the trial confession in an objective way.The purpose of this paper is to through the analysis of the causes of frequent trial confession phenomenon in our country and its influence,combining the practice of our judges handle trial confession,proposed targeted response,to realize the justice and efficiency,the combination between crime and protecting human rights.This paper is divided into four parts.The specific structure is as follows:The first part is the concept of oral confession,the value and status of the evidence,the concept and characteristics,types,legal nature and effectiveness of the trial confession.Trial confession is a special form of oral confession,refers to the defendant in the process of court denied to investigators before trial,prosecutors have made a confession,and arguments put forward or light of confession of sin and innocence.It has the following characteristics:(1)the subject is the defendant;(2)the premise is that there should be original supply;(3)the scope includes overthrowing a portion or all of the original supply,which is sufficient to affect the conviction and sentencing;(4)the time limit is in the court process;(5)contents include statements and explanations.As far as the nature of the law is concerned,it is the action of the defendant to exercise the right of defense,and the court statement formed is a legal form of evidence.It has the effectiveness of evidence value and the value of protecting the right of defense.The second part is the analysis of the reasons and impact of the trial confession.Its causes include the certificate for the mode of investigation,shall truthfully answer and did not make clear a regulation legal system such as the legal consequence of false confession defects caused by surface,it also includes the judiciary law enforcement and other artificial inducement of confession,of justice,human rights protection,the significant impact of the efficiency of lawsuit.The third part is the analysis of the law of our country and the practice of the practice of the law,which comes down to the personal psychological bias of the judges and the excessive cooperation between the prosecution and the trial parties.It is suggested that the judges should follow the following principles in handling the trial confession: the law does not prohibit the resupply,not the extreme;Change the concept of oneself,not one-sided;Trial before the full understanding of,be prepared,at the same time when review do: should establish "suspected crime from nothing" ideas of presumption of innocence,listen carefully to the defendant confession in court,comprehensive review of the defendant confession reason adequately,a comprehensive review of confession of the defendant and other evidence.The fourth part summarizes the reasons for the second part,puts forward the legal countermeasures,so as to avoid unreasonable and unnecessary resupply,improve the efficiency of criminal litigation,and safeguard judicial justice.The specific countermeasures are: to set up the limited right of silence,and to make punitive provisions on the trial of defendants.To learn from the system of plea bargaining,set up a plea of guilty plea from the broad system;To strengthen the consciousness of ruling out the rule of illegal evidence and to implement the investigation procedure of the validity of the evidence;Expand the procedure of lawyers to participate in the protection of criminal suspects and defendants' litigation rights.