Research On Enticing Confession And Deception From The Perspective Of Eliminating Illegal Evidence

As always,there are forbidden provisions to induce confession and deception in China's "Criminal Procedure Law",and explicit confessions obtained by torture and other illegal means,but no clear provisions to deal with the evidence obtained by way of confession and deception.Although the judicial interpretation issued by the Supreme Court explained the content of the word "waiting" for torture,etc.,it did not include the temptation to defraud confession.The confession falls into a conflict situation that is clearly prohibited by law and difficult to rule out in judicial practice.Therefore,so as to circumvent this prohibition without embarrassment,the meaning of the behavior of enticing confession to defraud is urgent to be clarified,the exclusion criteria are to be established,and the exclusion path is to be improved.This article introduces from five parts:The first part mainly analyzes and summarizes the relevant theories of attracting and defrauding.It defines the concept of confession and deception,classifies and divides its manifestations,and summarizes the characteristics of both indirectness,deceitfulness and latentness.The temptation to cheat confessions is commonly used in investigation and interrogation due to its strategic feature,and to a certain extent,it helps to improve the efficiency of detection of the case and obtain the confession of the suspect.Further more,the standard for excluding and fraudulent confession should be established as confession and fraudulent behavior beyond the limit may cause great dangers.After comparing the theoretical and practical ideas of the theoretical community,the reasonable content of theory and practice is integrated.Comprehensive analysis from aspects of purpose,method,result,degree and bottom line establishes the exclusion criteria,and further theoretically analyzes and supports the legitimacy of illegally enticing confession and deception.The second part first introduces China's legislation on the temptation to cheat.The"Criminal Procedure Law" stipulates that it is forbidden to obtain confession by means of seduction and deception,but there is no clear and specific procedure to deal with it,and the legislative provisions are vague.Injudicial practice,from the statistical analysis of the referee document network query statistics to a series of cases of unjust,false and wrong cases such as the Nie Shubin case,Wang Hongxue and Wang Hongwu cases that have emerged in recent years,all intuitively indicates that it is not optimistic for excluding illegal evidence of confession and deception in practice,and there are difficulties in starting,identifying and removing.The third part is followed by an analysis of the reasons for the difficulty in eliminating confession and deception.The traditional concept of presumption of guilt and the idea of "confessions are supreme" have a subtle influence on the investigator's forensic behavior,making it extremely easy to access to illegal fraudulent confession;And to some extent,it is condoned by the imperfect relevant legislation and the lack of rigid constraints on the behavior of enticing confession and confession;in addition,the possibilities for investigators to induce and defraud increases due to the lack of standardization of the supporting system in the investigation and interrogation procedures.Finally,the structure of investigative centralism and some other deeply reasons cause the difficulty of eliminating confession and deception.The fourth part:after comparative analysis of the legislation and judicial practice of extraterritorial temptation and confession,it can be concluded that temptation and deception within certain limits are still tolerated and recognized by all countries in the world.Foreign countries have their own characteristics on how to rule out illegal confession and fraudulent confession more reasonably.The United States has regulations on the exclusion process of illegal verbal evidence.From the arbitrariness rule,the UK's PEACE inquiry mode to the Anglo-American legal system and other relevant practices,all has reference significance for China's elimination path.Finally,some specific suggestions are put forward for the way to exclude confession and fraud in light of my country's actual national conditions,and drawing on effective practices abroad.First,it is necessary to transform backward ideological concepts from the roots,establish a presumption of innocence,and eliminate confessionalism;second,improve the relevant legislation so that there is a legal basis;third,improve the relevant supporting system,and at the same time further implement the substantive trial.Ensure that the evidence obtained by illegally enticing confessions and confessions is excluded from all aspects,and strive to ensure the authenticity of confessions,and better achieve procedural justice and human rights protection.