Research On The Elimination Of Repeated Representation In China

Since the rule of exclusion of illegal evidence was established,the issue of exclusion of repeated confession has aroused controversy in academic circles.The repeated confession discussed in this paper refers to the acquisition of guilty confession through illegal interrogation,and then the acquisition of guilty confession through legal procedure.The content of the subsequent confession is the same,similar or completely different from the previous confession.The study of exclusion of repeated confession is the legitimate guilt of the follow-up procedure.After the promulgation of the Provisions on Several Questions of Strictly Eliminating Illegal Evidence in Handling Criminal Cases on June 27,2017,the Provisions preliminarily established the exclusion rules of repeated confession,and solved the problem of whether or not to exclude repeated confession,but also raised new problems.There are no specific rules on how to exclude repeated confession and the subsequent provisions after the exclusion.It may bring difficulties to the application of repetition exclusion in practice.It is hoped that through the systematic analysis of some cases before and after the introduction of the exclusion rule of repeated confession,the author compares the different practices and the same practices before and after the introduction of the exclusion rule of repeated confession,and draws some deficiencies of the exclusion rule of repeated confession at present.In establishing the exclusion rule of repeated confession,our country adopts the model of principle plus exception.The reason lies in that the biggest dilemma of the exclusion of repeated confession in practice is that it is difficult to prove the causal relationship between illegal forensics and repeated confession.Therefore,we hope to avoid the uncertainty caused by the excessive exclusion scope of repeated confession or the inconsistent exclusion standard of repeated confession by setting exception rules.It is considered that the standard of proof of repeated confession needs to consider more factors when setting exceptions,such as the severity of previous illegal acts,the interval time between multiple interrogations,the change of interrogation location,the difference between the defendant and the criminal suspect,the change of interrogation subject and theprobability of repetition between the two confessions.And give the judge a certain degree of discretion,because the ambiguity of exclusion rules is difficult for us to exhaust all the factors,so we need to give the judge a certain degree of discretion on the basis of as perfect as possible to weigh the existence of causality.Eliminating duplicate confession may lead to the case not being used,which brings some difficulties to the possible of to cased.It also have forward hope discretion for the perfect of the exist organs toence obtain evidence.In practice,it will inevitably be hindered,but this will never become a stumbling block for us to continue to complete the exclusion rule of duplicate confession.