Study On Confession System Of Criminal Law

The paper which starts from the legislative background and legislativesignificance of confession system, and which on the base of concept, essence，valueorientation and the theories of Criminal Law and Criminal Procedural Law, will learnfrom reference of legal norm and judicial explanation of confession system to explainthe connotation and extension of confession system. Meanwhile, the paper analysesthe problems of confession system in judicial practice, attempts to put forward somejudicial and legislative proposals of confession system, and aims to do some benefit tothe legislation of confession system.The paper states confession system originated in the criminal policy of “leniencyto confessors”, which has played an extremely important role in criminal judicature.However, the lack of criminal legislation has been leading the policy to an awkwardposition. On the base of the traditional inheritance and extraterritorial reference, withthe concerted efforts of legal workers in the theoretical and practical field, theconfession system has been affirmed in Criminal Law, which has important theoreticalvalue and practical significance.According to Amendment (VIII) to the Criminal Law, relevant judicialinterpretation, criminal law theory and the Criminal policy of temper justice with mercy, thepaper indicates the confession is the behavior of a criminal suspect who was passivelybrought to justice after making a crime. In general，the criminal suspect truthfully confesses his crime which has been mastered by judicial organs,or truthfullyconfesses the crime which has not yet been mastered by judicial organs but belongingto the same kind of crime. The essence of confession is the reduction of subjectiveculpability of the mind and personal danger, and it also saves the judicial resourcesand improves the efficiency of the proceedings. It reflects the tolerant valueorientation of the Criminal policy of temper justice with mercy, or it is a national buyingpolicy for criminal suspect.Based on the theories of Criminal Law and Criminal Procedural Law, learningfrom relevant judicial explanations, and using legal interpretation methods, the paperanalyses the subject, passivity, initiative, content and legal consequence of confession.In consideration of the connotation of confession system and closely connectionsto the other systems, and according to criminal law theory and established cases,thepaper analyses the relationship of voluntary surrender system, dual gauge and thesystem of the right to silence, with the purpose of understanding the confessionsystem, exploring its meanings and directions in judicial practice and providing theoryreference for the future development of confession system.To the problems of confession system which revealed in applying the law, somecomments and suggestions shall be put forward for the perfection of confessionsystem in two aspects. In respect of judicature, firstly we should hold the applyingprinciple of confession system correctly, secondly we should coordinate theinvestigation way and confession system, thirdly we should build the judicialprocedure which adapts with the confession system. In respect of legislation, firstlywe should perfect expression of the confession system, secondly we should perfect theway of conviction and sentencing, thirdly we should establish the legal system ofconfession system perfectly.