Research On Exclusion Rules Of Repeated Representation

Repeat statement refers to in the process of criminal lawsuit case workers to use illegal interrogation techniques that has forced the criminal suspect or defendant to make a confession,in subsequent legal interrogation,the criminal suspect or defendant is based on the previous illegal interrogation methods continue to affect,continue to make the same or similar to the previous statement content of confession.In each stage of a criminal case,the case handling personnel will interrogate the criminal suspect and defendant for many times and form multiple oral statements.If during the interrogation,the interrogator uses illegal interrogation means to force the criminal suspect or defendant to admit the crime and make a guilty confession,the confession shall be excluded according to the provisions of the exclusionary rule of illegal evidence in relevant laws.However,the repeated confession made later under the continuous influence of improper interrogation means may make it difficult to play the original role of the rule of exclusion of illegal evidence if it has evidence ability and can be used as evidence,resulting in the null and void of the rule,thus making the criminal suspect and defendant subject to unfair trial.Article 5 of the provisions on the strict exclusion of illegal evidence in handling criminal cases on June 27,2017 clearly stipulates the exclusion of repeated confessions,indicating that the exclusion of repeated confessions has aroused the attention of our country.The reason why it is difficult to eliminate repeated confession is mainly in system and practice.In terms of system,although China has clearly stipulated that repeated confession should be excluded,there is no clear measurement standard for the exclusion of repeated confession.In practice,there are some obstacles such as difficulty in identifying illegal evidence collection,over-reliance on oral evidence,and lack of effective protection of the status of judges.In order to solve the problem of repeated confession out,first of all,we should draw lessons from countries and regions outside the advanced experience of dealing with repeated confession,and then analyses the standard of the repeated confession excluded and influencing factors,and the repeated statements of starting and running the program,on this basis to build eliminating rules of repetitive statements in China,and to repeat of confession in exclusion may encounter obstacles in the process of equipped with relevant safeguard measures,as far as possible,fundamentally to prevent and solve the problem of repeated statements,safeguard judicial justice,promote the rule of law progress.