论口供证据规则

On the Rules of Oral Statement Proof

犯罪嫌疑人、被告人供述与辩解作为法定证据形式的一种,与当事人权利密切关联,但现行立法的许多规定显得原则化、宣言化,难以发挥其应有的作用,需要对口供的采集、采信和运用规则予以专门研究,以期对将来证据立法有所借鉴。

Oral confession or defense of the accused and the criminal suspects is a kind of the proofs in the legislation , and directly affect the right of party, but the statutory provisions are very simple and principled so that it is difficult to achieve the expected aim. It must give deeply reserve on the rules of oral statement proof, including collection rule, taking rule and application rule, expect to give some references to the legislation of proof in future.