英国非法自白规则论

从理论和实践的角度,对英国程序性违法的自白和采用暴力、威胁、许诺、欺骗等非法方法获取的自白以及毒树之果具体取舍的做法作了较深入探讨.英国非法自白规则采取法定应然性排除和法官自由裁量处理的两种路径.英国对非法自白取舍的标准归根结底在于自白的任意性,而自白的任意性标准是可变的,故英国法官自由裁量的处理仍然是非法自白取舍的主要路径.

View on the Rule of Confession Illegally Obtained in England

From angle of comparison, the article discusses this practical operation how to accept or exclude confessions obtained by illegal procedure, violence, threat, promise, deceit and so on in England . The article thinks that the two steps included in the rule of confession illegally obtained in England are the exclusion according with law and the resultion on discretion of judge to confessions illegally obtained. The standards of acceptance or exclusion of confessions illegally obtained in England are same,but the difference in knowledge and operation of the standards brings about the difference in feature of acceptance or exclusion of confession illegally obtained.