Review And Management Of The Defendant's Confession Problem

In the judicial practice of law enforcement,the problem of the defendant's retraction of confession has increased sharply,but it has not attracted due attention,resulting in the frequent occurrence of unjust,false and wrong cases.Strengthening the inspection and governance of the defendant's retraction of confession is conducive to protecting the legitimate rights and interests of the defendant,effectively preventing unjust,false and wrong cases,realizing judicial justice and fairness,safeguarding judicial authority,and ensuring the smooth progress of criminal proceedings.The defendant has the characteristics of multiple motives,consistent purposes,different degrees and coexistence of authenticity.At present,the problem of illegal evidence collection is serious,most of the confessions are rejected by the court,and the effect of exclusion procedure is not good.The problem of the defendant's retraction of confession is the result of the comprehensive effect of criminal procedure and evidence system,which has many defects in legislation and law enforcement.There are many loopholes in the application of criminal coercive measures,the protection of the rights of the defendant,the standard of evidence acquisition and the exclusion of illegal evidence in the legislation;many law enforcement units abuse criminal coercive measures,and the judges have too much discretion in the aspect of evidence acquisition,and the exclusion rules are not really implemented.To solve the problem of retraction of confession,we need to improve the legislation,establish and improve a series of supporting measures and external conditions of modern criminal justice procedure.We must make up for the loopholes of compulsory measures and exclusion of irregularities,strengthen the protection of rights,constantly improve and accurately grasp the standard of evidence acceptance,correctly understand and treat retraction of confession with a positive and rational attitude,and promote the standardization of law enforcement and justice Construction,and earnestly implement the rule of exclusion.