Research On The Cheat Confession In Investigation Interrogation

Interrogation of suspects is one of the significant procedures in criminal proceedings.As one of the interrogation strategies,fraudulent confession has its objective necessity and admissibility.If used properly,confession fraud can give full play to the role of interrogation within the scope permitted by law.However,the use of fraudulent confessions has certain limitations.If improperly used,it may lead to false confessions of suspects,risk of breeding injustice,false and wrong cases,and have a certain impact on social morality.Although fraudulent confession may infringe upon the suspect's right to confess,the exclusion of the confession obtained by fraudulent confession can not be generalized.The reason is that not all fraudulent confessions suppress or distort the suspect's will to confess,nor all means of fraudulent confession will lead to false confessions of suspects.The law should have certain permissibility for fraudulent supply.Although it is important to protect human rights,we should not abandon the pursuit of litigation efficiency while protecting the human rights of suspects.If the fraudulent confession is reasonably used under the admissibility criterion,it can not only guarantee the right of the suspect to confess,but also promote the progress of investigation.The use of fraudulent confession reflects the value of combating crime and substantive justice.Therefore,the use of fraudulent confessions can not be banned completely.Under the background of vague legislation,common interrogation practice and certain tolerance of society,at least in the current stage of combating crime in our country,fraudulent confessions should be given certain application space.This paper attempts to make an analysis of the admissibility of obtaining confession by deception,in order to clarify the applicable limits of deception,and further construct and improve the admissibility guarantee mechanism of deception in China,so as to minimize the risk of the use of deception.The first part is the summary of the cheat confession in the investigation interrogation.It includes the meaning,characteristics and classification of false confession.The characteristics of cheat confession include universality in application,deceit in method,concealment in method,duality in result and admissibility in morality.The second part is the realistic reasons of fraudulent confession and the application of risk analysis.This paper analyzes the provisions and evolution of confession fraud in China,and clarifies the legislative reasons for the existence of confession fraud.Through further understanding of the theoretical and practical reasons for the existence of fraudulent confession,the practical necessity of the application of fraudulent confession was investigated,and the potential risks in the practical application of fraudulent confession were recognized.The third part is the admissibility standard and the analysis of the confession obtained by cheating.By analyzing the admissibility of confession in foreign countries,this paper clarifies the admissibility standard and limit of confession obtained by confession,and clarifies the admissibility requirements of confession obtained by confession,so as to grasp the usable mode and application limit of confession,which is helpful to understand how to use confession in practice.The fourth part is to construct the assurance mechanism of the admissibility of the false confession.First of all,the evidence legislation design is carried out for the admissibility of the confession obtained from the fraudulent confession,and the applicable sample and application scope of the fraudulent confession are clarified,and the prohibitive provisions and evidence exclusion clauses for the fraudulent confession are set up.Secondly,a supporting system for interrogation of false confession should be developed,which includes establishing a voluntary examination mechanism for suspect's confession,establishing a database of techniques and strategies for obtaining confession of false confession,and establishing the right of access and reproduction of lawyers' interrogation audio and video recordings.Finally,the supervision and relief evaluation mechanism of confession fraud is constructed,the investigation and supervision system applicable to confession fraud is set up,and the application relief procedure and the risk evaluation mechanism applicable to confession fraud are established.