An Empirical Study On The Application Of Exclusionary Rule Of Repetitive Confession

In criminal proceedings,evidence is the top priority in every link,which is closely related to the protection of human rights and the fight against crime,and is also an important basis for the realization of judicial fairness and justice.China’s relevant provisions on illegal evidence have tended to be mature and perfect,but in practice,the judicial organs are still slightly at a loss when dealing with the issue of whether the derivative evidence of illegal evidence is excluded or not.This paper attempts to re-examine the legal basis of the exclusionary rule of repeated confessions and the relevant judicial cases of repeated confessions in China,summarize the current situation of the application of the exclusionary rule of repeated confessions in judicial practice,and then find problems and propose improvement measures.This paper is divided into six chapters.The first chapter is the introduction,which analyzes the practical background,theoretical background,research significance and other issues of this study,focusing on the research ideas and research methods of this paper.The second chapter focuses on the theoretical issues of repetitive confession.First,it clarifies the meaning of repetitive confession,introduces its position in the system of illegal evidence exclusion rules,and introduces the examples of relevant countries and regions outside the region.The third chapter is a review of the existing norms of the exclusion of repetitive confession in China,mainly analyzing the current legislative history and legislative status in China,and what are the considerations for specific application after the relevant provisions are introduced.The fourth chapter is the empirical research part of this article,which is also the main part of this article.First,we searched with the keywords of "repeated confessions" and "repeated confessions",and got 148 valid samples,focusing on the areas involved in the case,the distribution of charges,the distribution of court levels and other aspects of the comb,and then around the exclusion of repeated confessions,the attitude of the trial mechanism to deal with repeated confessions and other aspects.The 148 judicial documents obtained from this search involve a wide geographical distribution and rich charges,which also provide rich researchable content for this article in the specific part of judicial reasoning.However,from the perspective of the application and adoption of repetitive confessions,the exclusion rate of repetitive confessions is only 28.4%,which indicates that the current attitude towards this issue in practice is still conservative,not a state of positive identification and adoption.The fifth chapter of this paper is a summary of the shortcomings of the current exclusionary rules of repetitive statements.This chapter finds that there are still big problems in the starting procedure of the rules,the identification standard and content scope of the second confession,the influence factors of exclusion,etc.The sixth chapter of this article is targeted to put forward suggestions for improvement,starting from further improving the starting of the procedure of repetitive confession,unifying the identification standard of repetitive confession,urging relevant judicial officials to change the concept of handling cases,strengthening supervision,and improving relevant supporting systems,so as to provide some help for ensuring the better application of the exclusionary rules of repetitive confession in China...