An Empirical Study On The Confession Exclusion Rules Of Illegally Restricting The Suspect's Personal Freedom

The focus of attention from all walks of life always get confessions by torture,threats,lure,and other illegal methods,but people ignores the behavior of the investigating authorities to illegally limit the personal freedom of suspects in order to obtain confessions.Although this behavior causes concern after the two high and third departments issues The Provisions on the Strict Exclusion of Illegal Evidence in Handling Criminal Cases,the released of The case of Huang Jinding Bribery and Chen Yujun Bribery to also confirm the illegal confession exclusion of the suspect's personal freedom.However,due to the limitations of judicial custom and the lack of relevant supporting measures,the application rate about confession exclusion rules of illegally restricting the suspect's personal freedom is not high and the operability is not strong.Therefore,the article is combined with the empirical investigation,it is of great significance for the confession exclusion rules of illegally restricting the suspect's personal freedom to propose solutions and explore the applicable problem.The thesis takes the confession exclusion rules of illegally restricting the suspect's personal freedom as the research object.And the thesis combines the collected criminal trial cases as an empirical research sample to study the related issues of the confession exclusion rules of illegally restricting the suspect's personal freedom.The thesis is mainly divided into four parts:The first part is an overview of the confession exclusion rules of illegally restricting the suspect's personal freedom.It mainly discusses the background,legal basis and value pursuit of the confession exclusion rules of illegally restricting the suspect's personal freedom.The lack of relevant laws and regulations provides convenience for investigators to illegally detain and interrogate.The introduction of the Provisions on the Strict Exclusion of Illegal Evidence in Handling Criminal Cases makes judicial personnel have laws to follow.It not only can help prevent the abuse of judicial power,protect the basic human rights of suspects,but also prevent the occurrence of false and wrongful cases.The second part mainly analyzes the 51 criminal trial cases collected,summarizes the practice of more concentrated performance and the sort of illegally restricts the suspect's personal freedom.The third part introduces the problems and reasons for the confession exclusion rules of illegally restricting the suspect's personal freedom.Through the analysis of the data,it is found that the problem of illegally restricting the suspect's personal freedom is mainly as follows: the exclusion criteria are not clear;the judge prefers to “cut trees and eat fruit”;the authenticity of the evidence content replaces the legality of the means of obtaining evidence;coercive measure becomes a means of mandatory measures.The main reasons for these problems are: the lack of relevant regulations and judgment standards;the lack of legal rules and the pursuit of substantive justice;the confusion between the two concepts of evidence and power;the lack of supervision mechanisms and rights relief mechanisms.The fourth part puts forward some suggestions for perfecting the feasibility and feasibility of the rules for the illegal restriction of personal confession.First of all,the article improves legislation,refines relevant laws and regulations,and makes judicial personnel have laws to follow.Secondly,from the four aspects of subject,time,subjective intention and causal relationship,the boundary between legal and illegal evidence is established.In addition,we will improve supervision measures and standardize the implementation procedures of compulsory measures,including the establishment of a filing system for compulsory measures and the establishment of a lawyer presence system.Finally,from the aspects of strengthening the rights notification procedure,refining the content of rights and implementing the appeal system,and improving the remedies in the implementation of compulsory measures,the remedies are improved.The establishment of a series of supporting measures will help to the illegal confession exclusion of the suspect's personal freedom.