Investigation On Confessions Arbitrariness Of Judgement Centralism

Confession is a kind of important evidence in criminal proceedingsThe full text is divided into three parts:Confession is a kind of important evidence in criminal proceedings,The voluntary confession rule means that the confession made by the criminal suspect or defendant under the condition of free will can only have the evidence ability,Non-voluntary confessions are not admissible.The rules play an important role in regulating the behavior of investigation organs in obtaining evidence,safeguarding human rights and discovering the facts of cases.Under the background of the reform of the criminal procedure system centering on trial in China,The arbitrariness rule of confession should be established.On the one hand,increase the way judges exclude illegal evidence;On the other hand,forcing the investigation organs to standardize the behavior of obtaining confessions from suspects,To ensure the legality of the evidence presented by the public prosecution in the trial.At present,The arbitrariness rule of confession in our country appears its rudiment,But there are some big defects,The imperfection of legislation leads to the lawlessness in judicial practice,Alienation appears in the process of judicial practice;Investigators do not have the concept of voluntary confession consciousness,Illegal methods of obtaining confessions,such as extortion by torture,still occur frequently;The concepts of "arbitrariness" and "non-arbitrariness" are vague,Legislation can not be accurately defined;There is no relatively stable standard of proof,It is difficult to distinguish the "arbitrariness" of confessions accurately by the judge's discretion alone;In addition,At present our country has not established the examination procedure of confession,It further deepens the difficulty of arbitrariness judgment of confession.Britain,Germany,Japan and other countries have conducted in-depth studies on the voluntary rules of confession,More mature in theory,The provisions of the two major legal systems on the voluntary rules of confession can be used for reference in improving the voluntary rules of confession in China,Such as: the definition of confession,the right to silence system,the fruit principle of poison tree,etc,In terms of legislation,the arbitrariness rules of confession should be established from the perspectives of giving more rights to the parties and restricting public power,To ensure that illegal evidence collection is reduced in judicial practice,Safeguardinghuman rights.The author studies the arbitrariness rules of confession in common law system and civil law system countries and regions,It is believed that the voluntary rules of confession can be improved through the following ways:First,we need to foster a sense that both punishment for crimes and protection of human rights are important,Clear presumption of innocence principle;The second is to establish and perfect the review procedure of the arbitrariness of confession at the legislative level,Clarify the burden of proof of arbitrariness;Third,improve relevant supporting measures,Establishing a system of lawyers' presence during interrogation,Improve the conditions for full recording and video recording,Establish the right to silence system,We will improve the system for investigators to testify in court.With a view to better safeguarding human rights in the fight against crime,By empowering the parties and controlling public power,To coordinate the balance between the prosecution and the defense in the trial,So as to materialize the confrontation between prosecution and defense in the trial,We will reform the criminal procedure system with the trial at the center.The full text is divided into three parts:As a very important evidence rule,the confession arbitrariness rule is recognized by the common law system and regional and civil law countries and regions,and it has more in-depth research and is more mature in theory.The first part is the introduction part.The introduction part mainly explains the purpose of the research,the research method,the scope of the relevant field of design and the value of the research.The second part is the main text,which is divided into four chapters.The first chapter is an overview of the arbitrariness of confession.The definition of confession is the starting point.Firstly,the concept of arbitrariness is clarified.Then,the value of confession arbitrariness is analyzed from the two aspects of substantive law value and procedural value,and the confession is further clarified.The necessity of establishing arbitrary rules in our country.The second chapter examines the rules of arbitrariness of Germany and the United States,the civil law countries of Germany and Japan,and discusses the achievements of these countries and regions in the study of arbitrariness rules,summarizing the confession of these countries and regions.The experience and lessons of the practice of arbitrariness rules enlighten the perfection of arbitrariness rules in China,with a view to China's reference at the legislative level and the judiciallevel.The third chapter analyzes the current situation of arbitrariness rules in China from the aspects of legislation and judicature,analyzes the problems of arbitrariness rules in China,points out the deficiencies of arbitrariness rules in China,and finds ways to improve the confession rules of confession in China.With a view to perfecting the criminal justice process in China.The fourth chapter is the perfection of China's confession arbitrariness rules,and it is also the purpose of this article.This chapter puts forward suggestions on perfecting the rules of arbitrariness in China from three aspects: concept consciousness,legislation and related supporting system,with a view to further establishing and perfecting the arbitrariness rules in China.The third part is the conclusion part,and the author's research results are presented in the comprehensive discussion.