| Evidence is the cornerstone of the rule of law and the foundation of judicial justice and human rights protection.The promulgation of the Regulations on Strict Exclusion of Illegal Evidence on June 27,2017,further reflects our country's emphasis on the protection of human rights.However,the provisions on repetitive confessions in this provision are too rough,which leaves "smart" interrogators an opportunity to circumvent the law,and also makes judges either disagree or copy rigidly when measuring the admissibility of repetitive confessions.This is not only a violation of procedural justice,but also a major threat to the personal rights of the interrogated.Therefore,in order to curb illegal confession of interrogators and better protect the personal rights of interrogated persons,the existing provisions of repetitive confession still need to be further improved.Repetitive confession refers to confession obtained by interrogators through illegal interrogation and then through legal interrogation.The content of repetitive confession belongs to the scope of repetitive confession only if it is essentially the same as the content of previous confession.By discussing the factors affecting the admissibility of repetitive confessions,it is found that the way of obtaining evidence illegally in the past directly affects the admissibility and admissibility of repetitive confessions,and is the first factor to consider when choosing repetitive confessions.At the same time,the factors affecting the admissibility of repetitive confessions include the change of interrogation subject and location,the interval between interrogation,the individual situation of interrogated persons and participation of lawyers.Therefore,it is wise to adhere to the criterion of comprehensive measurement,further optimize existing provisions of repetitive confession,and implement relevant supporting facilities of repetitive confession,which is more conducive to safeguarding human rights and safeguarding judicial justice. |
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