我国法律对待口供的应有立场

我国法律应当对现有法律进行完善与改革,对犯罪嫌疑人、被告人口供采取以下立场:合理界定口供,口供只包括供述;应当合法取证,对非法口供应当排除;不能轻信口供,确立口供补强规则;充分使用口供,重视口供扫诉讼功能;废除刑事诉讼法第93条关于如实供述义务的规定,确立沉默权制度。首次全面论述了我国法律对待口供的应有立场,纠正了存在于司法实践中对口供看法上的偏见和片面看法。

Position as to Confession of the Suspect or the Accused

The current litigation on confession should be improved and reformed. We should make clear our position as to confession of the suspect or the accused. Firstly, confession should be defined as statement made by the accused under examination.Secondly, evidence should be collected lawfully. Confession that collected unlawfully should be excluded. Thirdly, we should lay stress on evidence and don't readily believe confessions. At the same time, we should set up the regulation of corroborating evidence. Furthermore, we should abolish article 93 in criminal procedural law, which provided that the accused have the duty of confession. At the same time, we should set up system of right to silence. It is the first time to expound the right way to deal with confession. It is also the first time to redress the bias and one-sided viewpoints on confession in judicial practice.