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The Study of Confession Forbidden Rules in Criminal Procedure

Author: CaoZheYuan
Tutor: GaoYiFei
School: Southwest University of Political Science
Course: Code of Criminal Procedure
Keywords: Extorting confessions by torture Deceive Threaten Lure
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 50
Quote: 0
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Abstract


This article can be roughly four to grasp, that confession prohibiting the basic meaning of the rules and to establish the reasons for analysis, foreign legislation and the application of the rules against sexual confession, the status quo of China's Confessions of prohibitive rules and constraints as well as the author of the re- configuration of the recommendations put forward by the rules of confession prohibited in China. Which twenty-three part of the core analysis in this article, I hope that the Chinese and foreign the applicable comparison of the situation, the find our confession prohibitive rules exist real gap, and as the reconstruction of the logical origin. Confessions of the meaning of the rules against sexual and established mainly talked about in the first part of the article. The author to grasp the to prohibit rules meanings for confession contains the following three aspects: First, the basic interpretation of the meaning, followed Confessions of rules against sexual position and role in the system of Oral Evidence, and finally through the illegal evidence exclusion rules to understand the criminal proceedings The basic doctrine and author identity theorists Confessions of rules against sexual doctrine. The second part of the article, the main foreign application of rules against sexual confession. The author mainly on the attitude of British jurisprudence, the law bars the United States and Germany in the confession prohibitive exist for torture, threats, deception, enticement and other serious procedural violations taken. The author described the process one by one the country's confessional prohibitive provisions for our criminal confession in the end what the rules against sexual reference. Of the legislation and the application of understanding of the major Western countries Confessions of rules against sexual How is it? It is the third part of this article requires a detailed theme to be elaborated, the author of the applicable conditions and constraints aspects be elaborated. Talked about our application of the time, the author not only addressed the legislative status quo of our confession prohibitive rules were also addressed in our confession prohibitive rules for torture, deceit and threats, to lure the prohibitive provisions in the real judicial practice in the applicable circumstances. In addition, I also from the level of economic and cultural development and social attitudes, human rights and constitutional government, crime control and protection of human rights in the balance, investigative techniques and resource constraints, four factors of development constraints rules of confession prohibited in China. Prohibit the basis of the comparison and analysis of the rules in the West about the confession In the fourth section, I reconstruct Confessions of prohibitive rules. I believe that a complete confession prohibitive rules should include the prohibition of torture, threats, deception, enticement based on certain principles are considerations, as well as for those who are very likely infringe confession \\Complete provisions in the British, American, German Criminal Evidence legislation are clearly reflected, so I hope in future criminal proceedings legislation can be reconstructed from the three aspects a full confession prohibitive rules.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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