Research On The Standardization Of Oral Confession In The Investigation Stage

The taking of confession evidence has always played an important role in the investigation practice in our country.The judicial practice of the Public Security Bureau investigation stage over the years shows that in the judicial environment where the exclusionary rule of illegal evidence is not perfect,on the premise that the investigation level is limited to a certain extent,the investigation organs of our country rely too much on the confession of the criminal suspect in the investigation of cases,which leads to irregular phenomena in the process of obtaining evidence from the confession of the criminal suspect,the concrete manifestation is that the means and methods of extorting confession by torture,threatening,inducing and other illegal means and methods still exist,and the deeper reason lies in the weakness of the evidence standard system and the lack of the rule of excluding illegal confession,etc.,it affects the practical effect of the system of excluding illegal confession evidence in the investigation stage.There are many problems in the system and application of the exclusionary rule of illegal evidence,which has brought negative influence on the normal operation of the criminal judicial procedure in China.With the deepening of the construction of the rule of law in our country and the increasing demand of the people for fairness and justice,coupled with the development of the new media era,people's access to information has become more convenient and more extensive,due to the rapid development of public opinion and its focusing effect,the "chinesestyle" false and erroneous cases,such as the robbery and homicide case of Xu Jinlong and Zhang Meilai in Putian,Fujian Province,and the Huangjiaguang case in Hainan Province,have been exposed,it has aroused extensive discussion and thinking of the people and academic circles about the standardization of oral confession.At the national level,in 2017,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of Justice and the Ministry of National Security jointly promulgated the Regulations on certain issues concerning the strict exclusion of illegal evidence in handling criminal cases,the article further details the exclusionary rule of illegal evidence in our country,and gives a detailed explanation in the aspects of threats,illegal detention and repeated confession.Recalling the development of the exclusionary rule of illegally obtained evidence in our country,from the 1996 revision of the criminal procedure,which first introduced a ban on the use of torture to extort confessions and the collection of evidence by threats,enticement,deception and other illegal methods,in the form of basic legislation,to the 2017 strict exclusion of the regulation of illegal evidence to standardize the taking of confession evidence,it can be seen that in the development of the exclusionary rule of illegal evidence in China,the standardization of oral confession occupies an important position and plays a key role in promoting the development of the exclusionary system of illegal evidence in China.In this paper,the rules of taking confession evidence in the investigation stage are taken as the research object,and through the methods of Literature Research,investigation analysis,case analysis,etc.,in view of the theoretical basis and the latest research results of China's current regulations on the exclusion of illegal evidence and the standardization of testimony collection,and in combination with the practice of the grass-roots Public Security Bureau in handling criminal cases,this paper sums up and analyzes some abnormal phenomena in the process of investigation and evidence collection,such as obtaining the confession of the criminal suspect by illegal means and defending,and discusses the causes of the above-mentioned phenomena,in order to improve the system of the exclusion of illegal evidence and make it a powerful weapon to guarantee the fairness and justice and protect the rights of citizens,the author puts forward some solutions to the problems existing in the present practice.