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Research On Exceptions To The Exclusion Rule Of Repeated Confession

Posted on:2023-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:H Z GuoFull Text:PDF
GTID:2556306614999839Subject:legal
Abstract/Summary:PDF Full Text Request
China’s repeated confession exclusion rules were established for the first time in the "provisions on Several Issues concerning the strict exclusion of illegal evidence in handling criminal cases" issued in 2017,and the "principle plus exception" exclusion mode was adopted to deal with the problem of repeated confession.This paper focuses on the legislative evolution and theoretical basis of the exception of the rule of exclusion of repeated confession,deeply explores the defects and deficiencies of the exception system and application,deeply analyzes the causes of these difficulties,and puts forward a series of improvement measures,in order to promote the improvement of the rule system of exclusion of illegal evidence.This paper consists of the following parts:The first part clarifies the definition of repeated confession and the specific content of the exception provisions,combs the legislative context of the exclusion rules of repeated confession,analyzes the value game behind the exception provisions,investigates and compares the relevant legislation and precedents on the exception provisions abroad,and determines the applicable standards of the exception provisions,so as to lay a theoretical foundation for further analysis of the problems in the exception provisions.The second part,focusing on the institutional level,disassembles and analyzes the legal provisions of the exception provisions,evaluates the application conditions of the exception provisions in combination with different views of the academic circles,makes an in-depth exploration of the problems existing in the provisions,and analyzes the shortcomings of the exception provisions.The third part focuses on judicial practice,uses empirical research methods to collect relevant judgment documents on the elimination of repeated confessions,systematically combs the specific application since the introduction of the exception provisions,and summarizes and analyzes the problems in the implementation of the provisions.The fourth part,according to the shortcomings of the exception provisions in the system level and judicial practice,combined with the actual situation of China’s criminal justice field,makes an in-depth analysis of the reasons,and tries to find the crux of the problem,so as to provide correct ideas for better solutions at the root.The fifth part,combined with the background of socialist rule of law with Chinese characteristics,explores the improvement direction and path of the exceptions to the repeated confession exclusion rules,puts forward targeted suggestions on the system construction of improvement and development,and explores the real development direction of the exceptions to the repeated confession exclusion rules in our country.
Keywords/Search Tags:Repeated confession, Exceptions, Extorting confessions by torture, voluntary
PDF Full Text Request
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