自白任意性规则的中国运用

The Application of the Voluntary Confession Rule in China

自白任意性规则是刑事诉讼应该遵循的基本证据规则。该规则以追求真实、保障人权和排除违法为理论基础,具有促进讯问合法化和维护审判制度良性运作的功利价值。我国法律从文本上看已有成型的自白任意性规则,但在实践中仍存在对该规则的背离现象,刑讯逼供和非法取供仍时有发生。欲改变此种状况,观念的变革是首要条件,自白任意的程序保障是控制手段,排除规则的完善是救济途径。只有在这三方面下手,才能促进自白任意性规则在我国的有效实施。

The Voluntary Confession Rule is a basic evidential rule in the criminal procedure. The Rule has its theoretical basis of seeking for truth, protecting human rights and excluding illegal evidence, and has the utilitarian value of promoting the legalization of the interrogation and maintaining the healthy functioning of the judicial system. There is already well-defined Voluntary Confession Rule in the texts of the laws in China, however, there are still some deviation from the rule in practice, and torture and illegal obtaining of confession still occur. To change the situation, the change of the idea is the primary condition; the procedural safeguards of the voluntary confession are the controlling means; and the improving of the exclusionary rule is the remedy approach. Focusing on those three aspects, we can obtain the effective implementation of the Voluntary Confession Rule in China.