2010Journal of Changshu Institute of TechnologyRequires access

On the Status Quo of Legislation of Confession in China and Its Perfection

Jiang Shu-hua

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Abstract

Provisions related to defendant confession in China’s Criminal Procedure Law are too abstract and careless, lack of practicality or the related rules of evidence, thus difficult to play its due role. This would not only lead to a large number of miscarriages of justice, but also to the failure to protect human rights stipulated in Criminal Procedure Law, or guarantee procedural justice. Therefore, it is of urgent significance to strengthen the legislation of confession and construct evidence rules in order to achieve the balance between the protection of human rights and the punishment of crime.

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Provisions related to defendant confession in China’s Criminal Procedure Law are too abstract and careless, lack of practicality or the related rules of evidence, thus difficult to play its due role. This would not only lead to a large number of miscarriages of justice, but also to the failure to protect human rights stipulated in Criminal Procedure Law, or guarantee procedural justice. Therefore, it is of urgent significance to strengthen the legislation of confession and construct evidence rules in order to achieve the balance between the protection of human rights and the punishment of crime.

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Available abstract

Provisions related to defendant confession in China’s Criminal Procedure Law are too abstract and careless, lack of practicality or the related rules of evidence, thus difficult to play its due role. This would not only lead to a large number of miscarriages of justice, but also to the failure to protect human rights stipulated in Criminal Procedure Law, or guarantee procedural justice. Therefore, it is of urgent significance to strengthen the legislation of confession and construct evidence rules in order to achieve the balance between the protection of human rights and the punishment of crime.

Key concepts: Confession (law), Perfection, Legislation, Punishment (psychology), Status quo, Political science, Law, China

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