论我国口供制度的现状及完善

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

我国刑事诉讼法中有关被告人口供的规定过于抽象和粗疏,缺乏可操作性及相关的证据规则,难以保障口供发挥应有的作用。这不仅导致了许多冤假错案,同时还使刑事诉讼法应有的人权保障之机能得不到实现,程序正义得不到保障。因此,加强口供立法工作,建构我国的口供证据规则,实现保障人权与惩罚犯罪的平衡,是一个刻不容缓的问题。

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.