A Breakthrough In The Dilemma Of Removing Illegal Confession

Introduced in recent years,our country constantly with the illegal confession excluded the relevant legal documents,two senior department issued from 2017 "about to handle criminal cases strictly provisions on some issues of excluding illegal evidence,in 2018 the Supreme People's Court has issued" three rules "in 2019 the Supreme People's Procuratorate of the people's procuratorate criminal procedure rules",suggests that the emphasis on the illegal confession excluded in constant increase.The so-called illegal confession refers to the fact that the personnel of the judicial organ obtain the confession of the suspect or the defendant by illegal means prescribed by law.Due to the excessive reliance on the confession in case handling,the possibility of obtaining the confession by illegal means is increasing,which may easily lead to the occurrence of unjust,false and wrong cases.With new regulations introduced gradually,the scope of the illegal confession is more specific than previously defined,the illegal confession excluded programs than in the past had the very big improvement,but there are still many deficiencies,such as part of the statements define range is still not enough clear,the implementation of the illegal confession excluded in the judicial practice,there is a start,prove,difficulty and so on.Therefore,the author hopes to improve the rules for the exclusion of illegal confession,to further solve the problem of the exclusion of illegal confession,to exclude illegal confession from the basis of the case,to protect the rights of suspects and defendants in accordance with the law,to further enhance the judicial credibility,to maintain the procedural justice.This paper is divided into four parts.The first part is an overview of illegal confession exclusion,mainly introducing the connotation and scope of illegal confession,procedure setting and the value of realizing illegal confession exclusion.The second part is the investigation of the current situation of the exclusion of illegaloral confession.Through some practical data,it reflects the current situation that the exclusion effect of illegal oral confession is not ideal in judicial practice,including the low application rate,low initiation rate and low exclusion rate.The third part analyzes the predicament of the exclusion of illegal confession.In practice,the procedure of the exclusion of illegal confession is difficult to start,to prove and to identify.Among them,the difficulty of initiation includes the defendant's lack of application consciousness,the limitation of the right of defense and the unclear standard of initiation and exclusion.The difficulty in proving includes the difficulty in proving the legality of the oral confession,the limitation of the means of proof and the conflict between the position of the prosecution and excluding the illegal oral confession.The exclusion includes the unclear definition of illegal confession,the inconsistent cognition of judges to the standard of proof and the bias of judges in the middle position.The fourth part puts forward the crack path of eliminating illegal confession.Specifically,it includes the means of ensuring the realization of the defense's preliminary burden of proof,ensuring the implementation of the prosecution's responsibility,clarifying the scope of illegal confession and ensuring the judge to exercise the judicial power impartially.