Font Size: a A A

On The Confession Of Reinforcement

Posted on:2019-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhaoFull Text:PDF
GTID:2356330548961747Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of the corroboration of confession is to reinforce the authenticity of the confession when it is in doubt.In China,the confession is centered on investigations,but the corroboration rules of confessions are not clear enough,and the application of illegal confession rules is limited.In practice,there are only procedural values for the passive corroboration rules of confessions in China;while the positive corroboration rules of confessions lack the requirement to eliminate reasonable suspicion,and the “finding evidence based on confessions” means is also prone to triggering illegal acts such as referential confession.In order to reduce the misjudgment caused by false confessions,it is necessary to systematically explain the corroboration rules of confessions in the legislation.Meanwhile the foreign similar rules can be used as a reference for the rules of corroborative evidence in China,and it can be improved from the perspective of affirmative corroboration,focusing on the consistency of the“concealed” plot in the confession and the facts proved by the reinforcing evidence.And under the trial-centered procedure,improving the arbitrage measures in the pre-trial phase and reviewing procedures for corroboration evidence during the trial stage,and effectively excluding reasonable suspicions.
Keywords/Search Tags:Truth of confessions, Corroboration rule of confessions, Corroboration measures
PDF Full Text Request
Related items