The Discuss Of Benchmark Of Illegal Confession

At present,China has basically completed the socialist rule of law system.But this does not mean the end of the legal system.On the contrary,take the criminal procedure laws as an example.It embodies the human rights guarantee that China attaches more and more importance to the confession is one of the important evidences.Its relevant definition rules and exclusion rules shell be the most complete,but the actual situation satisfied nobody.Because the confession itself has the characteristics of repetitiveness and uncertainty,it is difficult for the investigating organ to obtain an effective confession.As an important evidence source,confession is the first-hand information of the criminal suspect on the relevant content of his crime.Being able to make good use of and collect good confessions is of great significance for the detection of cases.Therefore,the determination of the illegal confession is the most important issue we cannot escape.Judging from the current legal provisions in China,the rules for the exclusion of illegal evidence are relatively complete,but there are many problems in how to identify illegal confessions.When determining whether a confession is an illegal confession or not,different judges have different opinions.This paper discuss the extension and connotation of illegal confession,and analyzes the changes in the definition of illegal confession.It compares horizontally with the definition of illegal confession of other legal systems,finally,the definition standard of illegal confession in our country is obtained.Not only have specific analysis of what should be defined as illegal confession statement,also referring to the right to silence foreign and other settings of the related rights,a statement from the definition of illegal connotation and extension.