自白任意性规则本土化建构探析

The Exploration of Localization of Voluntary Confession Rule

自白任意性规则作为非任意自白的排除规则,在证据规则中有着重要的价值。我国自白任意性规则的发展在立法上存有缺陷,在刑事司法实践中更是被长期忽视。自白任意性规则的本土化建构应以作为底层的思想理念为基石,包括正当程序理念、无罪推定原则和刑事司法文明化。其表层的制度构建应结合当前的司法改革背景,从保障自白的任意性及排除非任意性自白两个方面出发,分别建构预防性措施和保障性措施。

The voluntary confession rule, as the exclusive rule of non-voluntary confession, is of great value in the rules of evidence. The development of voluntary confession rule in China is legislatively defective, and has been neglected over a long period of time in criminal judicial practices. The localization of voluntary confession rule should be based on the thought and i- dea of the interior level, including ideas of due process, the principle of presumption of innocence and civilization of criminal justice. The system building of the exterior level should be combined with the background of current judicial reform, and from such two aspects as securing voluntary confession and excluding non-voluntary confession to establish preventive and secure measures respectively.