A Study On The Judicial Application Of The Exclusionary Rule Of Repeated Confession

For a long time,China’s legislation and judicial interpretation have not established the exclusion rule of repeated confessions.Until June 2017,the "Provisions on Several Issues concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases" jointly issued by the "Two and three Ministries" adopted the exclusion mode of "principle plus exception" for the exclusion rule of repeated confessions.For the study of the rules in the judicial application problem of the implementation of China’s judicial documents network of 121 criminal cases related to the data statistics and analysis,found that exist in the judicial practice repeatability of confession excluded rules apply rate is low,the repeatability of confession startup procedures are not clear,court ruled out incomplete,repeatability of confession exclusion rules of proof mechanism is imperfect and so on.This also reflects that the "inducement" of repeated confessions in the legislation only stipulates the illegal confessions extracted by torture,which has problems such as too narrow exclusion scope and unclear identification standard.In this regard,on the one hand,it is suggested to improve the legislation,including expanding the scope of "inducement",including including serious threat,illegal detention and other illegal confessions obtained from repeated confession delimited within the exclusion scope,and stipulating a clear proof mechanism,so as to solve the "exclusion of groundless" problem in judicial practice.On the other hand,it is suggested that the judgment of "exceptional circumstances" and the voluntary review of repeated confession should be combined with the system of duty lawyer,the system of guilty plea and the system of resident prosecutor to ensure the authenticity and voluntariness of confession.