Rule Of Oral Confession Reinforcement

The rule of confession reinforcement is an important part of the rule of evidence reinforcement,and it plays an important role in our criminal justice activities.However,at the legislative level in China,the provisions of the rule of confession reinforcement are not clear enough.Only Article 55 of the Criminal Procedure Law has made principled provisions,and the relevant supporting system is not perfect,which is not enough to guide the changeable situation in judicial practice.Therefore,the research on the rule of confession reinforcement has certain theoretical and practical significance.The main body of the paper is divided into four chapters.Chapters I and II mainly comb the theoretical level and legislative level.Chapter III is based on the judicial practice of the rule of oral confession reinforcement in China,reveals its existing problems,and puts forward some suggestions for improvement.Chapter IV focuses on the relationship between the rule of oral confession reinforcement and the investigation work in China.The main contents are as follows:The first chapter analyses the connotation and value of the rule of confession reinforcement.On the one hand,it examines the historical origin of the rule of confession reinforcement and the legislation of various countries,and analyses the concept and nature of the rule of confession reinforcement;at the same time,it explains the relationship and difference between the rule of confession reinforcement and the rule of evidence confirmation,so as to further understand the connotation of the rule of confession reinforcement.On the other hand,the paper analyses the value of the rule of confession reinforcement from four aspects: ensuring the authenticity of confession,restraining extorting confession by torture,preventing the problem of confession withdrawal and weakening the status of confession,and explores the effective ways to exert the function of the rule of confession reinforcement.The second chapter analyses the elements of the rule of confession reinforcement.The content of this chapter is mainly from three aspects: the elements of strengthened confession,the elements of strengthened evidence and the elements of strengthened degree.Firstly,the strengthened confession is analyzed,which mainly involves the scope of the strengthened confession,the confession problems of minor defendants and the confession problems inside and outside the court.Through comparative analysis,the problems of the strengthened confession in legislation and practice in China are revealed.Secondly,the analysis of the reinforcement evidence mainly involves the qualification of the reinforcement evidence,the source of the evidence and whether the confessions of accomplices can be used as reinforcement evidence each other;through comparative analysis,it reveals the legislative and practical aspects of the reinforcement evidence in our country;thirdly,the analysis of the reinforcement degree mainly involves the standard of the reinforcement degree;similarly,through comparative analysis,it reveals me.The deficiencies of national reinforcement in legislation and practice.Chapter three analyses the perfection of our country’s rule of confession reinforcement.Our country’s rules of confession reinforcement can be developed from three aspects: first,the perfection of the strengthened confession,including clarifying the legislative provisions of the strengthened confession,expanding the scope of the strengthened confession,and clarifying the rules of the minor defendant’s confession reinforcement.Secondly,we should further improve the qualifications,sources and the relationship between the strengthened confession and the strengthened confession.Third,the improvement of the degree of reinforcement,through legislation to clarify the degree of reinforcement,especially the standard of proof of the degree of reinforcement.Chapter IV analyses the rules of confession reinforcement and the investigation work in China.The main contents of this chapter are as follows: on the one hand,it analyses the new challenges faced by our investigation work under the background of judicial reform,at the same time,it reveals the necessity of applying the rule of confession reinforcement with typical cases;on the other hand,it explores the improvement of our investigation work under the background of the rule of confession reinforcement,from the change of the concept of preferential confession,the transformation of traditional investigation mode and the level of investigation,respectively.This paper describes the relationship between the rule of confession reinforcement and the investigation work in China from three aspects.