A Study On The Exclusion Rules Of "Cheating And Obtaining Evidence"

In investigation activities,investigators often use interrogation strategies to include some deception methods.Especially in some cases of corruption,bribery and drug crimes,suspect often have high anti investigation ability.Because it is often difficult to collect some physical evidence,the key for investigators to solve cases is to obtain the confession of suspect.In this case,necessary interrogation methods such as deception are needed to break through the psychological defense line of the suspect and obtain a confession.Therefore,whether confessions obtained through fraudulent methods in investigative interrogation should be excluded is a topic of widespread concern.Focusing on this issue,this article is mainly divided into the following chapters:The first chapter defines the connotation of "deceiving and obtaining evidence".The "threat","inducement" methods and confessions used by investigators in interrogation are both significantly different from and related to "deception" methods,which will be analyzed in this chapter.The second chapter reviews different perspectives on the evidentiary ability of obtaining confessions through fraudulent methods.The main reasons for asserting that confessions obtained by fraudulent methods can be used as evidence are: it is difficult to distinguish between "fraudulent confessions" and legitimate interrogation strategies,and eliminating "fraudulent confessions" is not conducive to punishing crimes.The negative theory advocates that statements obtained by fraudulent methods should not be used as evidence.The main reasons are: "deceiving the person to be interrogated" may infringe upon the basic principles of the person being interrogated,and "deceiving the person to be interrogated" may lead to unfair,false,and erroneous cases.The third chapter analyzes the judicial status quo of the elimination of "fraudulent confession" in China.Describe the judicial status quo of the exclusion of "fraudulent confession" in China through 50 judicial documents,such as the types of cases applying for the exclusion of "fraudulent confession",the methods of deception,and the reasons why the court does not support the exclusion of "fraudulent confession".On this basis,the reasons for excluding the low proportion of "fraudulent confession" are analyzed,such as unclear legislative provisions,incongruity between legal provisions,and so on.The fourth chapter elaborates on the construction of the exclusion rule of "fraudulent confession".The basic principles for constructing the exclusion rule of "fraudulent confession" are the principle of judicial integrity and the principle of social public order and good customs.The specific criteria for the exclusion of "fraudulent confession" can be explored by Paul in terms of falsifying evidence to cheat,violating professional and family ethics to cheat,and deceiving based on beneficial needs.At the same time,special groups such as minors should strictly restrict the use of fraudulent methods of obtaining confessions.