Reshaping the Rules for Reviewing the Evidentiary Competence of Elicited Confessions from the Perspective of the Doctrine of Suppression of Evidence
The confession and defense of criminal suspects and defendants directly reflects the process of the facts of the case,and therefore the confession has always been the focus of the evidence review system.However,in China's current system of evidence law,the act of inducing testimony has not been given due attention.The current legal regulations have indirectly limited the connotation of the act of inducing testimony,and the rules for reviewing evidence capacity are still in a vague stage of principled and discretionary exclusion standards.We should reshape the behavioral connotation from the two levels of"luring"and"inducing";use the theory of prohibition of evidence to differentiate between the illegal evidence stipulated in Article 52 of the Criminal Procedure Law and the exclusion of evidence stipulated in Article 56 from the prohibition of obtaining evidence and the prohibition of the use of evidence;construct the discretionary exclusion standard of"examination of the wrongfulness of the act-examination of the wrongfulness of the result-judgment of the necessity of exclusion",and perfect the application of the rule of exclusion of unlawful evidence in inducing the taking of confessions.
万方数据
维普
