Determination Of The Validity Of Repeated Confession In Criminal Cases

The two evidences regulation established the rule of exclusion of illegal evidence,but did not mention the much-discussed issue of repeated confessions.The regulation of strict exclusion of illegal evidence made relevant provisions on repeated confessions,but it was difficult to be implemented because the legal provisions were too general and lacked practical operability.The academic community has been arguing about the definition of repeated confessions,the validity of evidence,the theoretical basis and how to use them.The problem of repeated confessions cannot be properly solved and the rule of exclusion of illegal evidence will be put on the shelf and difficult to implement.In order to find a balance between fighting crime and protecting the legal rights and interests of criminal suspects,China has determined the pattern of repeated confessions with exclusions as the principle and adoption as the exception.In order to implement the relevant provisions of repeated confessions,the author puts forward some Suggestions,such as accurately grasping the two exceptions of repeated confessions,restricting the exceptions of repeated confessions to the trial stage,weakening the role of oral confession in conviction and sentencing,and weakening the role of investigation dossier in judgment.