社会日常监控:口供制度的变迁动力

The daily monitoring of the civil life:the motivation of change in confession system

口供制度从传统社会到现代社会的变迁 ,是诉讼民主和文明的表现 ,也是社会道德力量推动的结果 ,但更离不开社会日常监控的强化。中国社会日常监控的薄弱造成了刑事司法对口供的较大依赖性 ,以至违法收集口供的现象久禁不止 ,因此 ,改变日常监控状况是实现收集口供法治化的根本出路。

The advancement of confession system from the traditional into the modern form is considered as the symbol of democratization and civilization in criminal procedure and is promoted by the social moral forces. However, it is more a matter of daily monitoring of the civil living. The lack of such monitoring in China is the real reason for the excessive reliance on the confession and the practice of obtaining it illegally. So, this problem can be solved by the improvement of the monitoring system.