论我国自白任意性规则的再构建

On the Reconstruction of the Rule of Voluntary Confession

自白任意性规则被英美法和大陆法所共认 ,它以实体正义和程序正义为理论基础。我国刑事诉讼法中虽然也有自白任意性规则的规定 ,但是由于实体规定的粗疏和程序保障措施的缺失 ,该规定在司法实践中趋于口号化。在重新构建这一规则时 。

The rule of voluntary confession, which takes substantial justice and procedural justice as its theoretical basis, has been acknowledged by the Anglo-American and continental laws. Though Chinese criminal procedure law has also provided the rule of voluntary confession, it is nearly a slogan in judicial practice due to the roughness of the substantial provisions and the lack of procedural protection measures. We should reconstruct the rule of voluntary confession by providing the substantial provisions and the procedural provisions.