翻供问题实证研究法律(法学)专业论文.docx

Abs Abstract Withdraw confession phenomenon in criminal cases has existed for a long time. In recent years, the number of withdraw confession cases increase faster, and its characteristics also show diversified characteristics in various aspects during the evolution. Even though the judicial affaires department pays more concerns and efforts to resolve such cases, the related solutions are not perfect, due to the imperfections of the system and practice. At the same time, the study of withdraw confession by academic circles is not detailed and systematical, and it lacks of theoretical studies combined with empirical analysis. Therefore, it is significant to do more work on the theory and empirical research of withdraw confession phenomenon. This article includes three parts :introduction, body and conclusion. And the body also is composed of three parts. The first part is basic overviews of the empirical analysis of withdraw confession cases, which are collected from a few Chongqing procuratorates and courts by the author. From the defendant was taken the first interrogated by the investigation organ to court finished, after this, the phenomenon that the defendant negatives the previous confessions known as withdraw confession. In recent years, with the promotion and popularization of legal knowledge, people reduce the sense of fear to the crime and the sentence. At the same time, lawyers involved in the judicial process trend to early and program. So the withdraw confession phenomenon shows frequented trend. At present, the processing mode has not yet become institutionalized when judiciary faces the uncertain confession phenomenon, they will review and identify them according to the specific circumstances of the cases. First, quantitative analyses of the proportion of withdraw confession cases in the sample case, and outlines the characteristics of withdraw confession cases, simultaneous analyses of the reasons briefly of the increasingly complicated phenomenon of