Position as to Confession of the Suspect or the Accused
Gao Yi-fei
Abstract
Gao Yi-fei
Abstract
The current litigation on confession should be improved and reformed. We should make clear our position as to confession of the suspect or the accused. Firstly, confession should be defined as statement made by the accused under examination.Secondly, evidence should be collected lawfully. Confession that collected unlawfully should be excluded. Thirdly, we should lay stress on evidence and don't readily believe confessions. At the same time, we should set up the regulation of corroborating evidence. Furthermore, we should abolish article 93 in criminal procedural law, which provided that the accused have the duty of confession. At the same time, we should set up system of right to silence. It is the first time to expound the right way to deal with confession. It is also the first time to redress the bias and one-sided viewpoints on confession in judicial practice.
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The current litigation on confession should be improved and reformed. We should make clear our position as to confession of the suspect or the accused. Firstly, confession should be defined as statement made by the accused under examination.Secondly, evidence should be collected lawfully. Confession that collected unlawfully should be excluded. Thirdly, we should lay stress on evidence and don't readily believe confessions. At the same time, we should set up the regulation of corroborating evidence. Furthermore, we should abolish article 93 in criminal procedural law, which provided that the accused have the duty of confession. At the same time, we should set up system of right to silence. It is the first time to expound the right way to deal with confession. It is also the first time to redress the bias and one-sided viewpoints on confession in judicial practice.
Key concepts: Confession (law), Suspect, Law, Duty, Political science