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Exceptional Study Of Repetitive Confession Exclusion Rules

Posted on:2020-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
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In "Regulations on Strictly Excluding Illegal Evidence in Handling Criminal Cases",for the first time,the provisions of the repetitive confession exclusion rule are clarified.This complements the gap in the criminal litigation legal system in China regarding the exclusion of this part of the confession.At the same time,exceptions to the repetitive confession exclusion rules are also confirmed in the Regulations.This is an important development of repetitive confessions and exclusion rules in China.This article starts from the concept of repetitive confession,based on the comparison of relevant concepts and regulations,clarify the connotation and nature of exceptions to repetitive confessions,analysis of the specific meaning of the two exceptions to the subject change and program flow.On this basis,the value of the exception to the repetitive statement exclusion rule is further analyzed.Combining the background and current status of exceptions to the repetitive confession exclusion rule,analyze the problem of exceptions to the repetitive statement exclusion rule,explore and analyze the important role of exceptions to repetitive statement exclusion rules in the legal provisions and practice of criminal proceedings.Under the premise of dissecting the current provisions of the exceptions to the repetitive confession exclusion rules in China,combining the background of socialism with Chinese characteristics,exploring research in the process of judicial system reform centered on judicialism,China's criminal litigation field repetitive confession exclusion rules and the improvement and development direction of exceptions,absorbing advanced experience from outside the field,combining with the judicial practice of our country,establishing guidelines based on the right to the presence of lawyers,the right to silence suspects,and the proper separation of investigators and recorders into rules,exploring a path suitable for the development of socialist legal theory and practice with Chinese characteristics.
Keywords/Search Tags:subject change, program flow, extorting a confession by torture, right of presence, right to silence
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