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刑事讯问从身体强制时代向心理强制时代的转型致使有罪供述的生成路径发生了重大转变,其类型也更加多样。这同时也加大了在诉讼中预防和识别虚假有罪供述的难度,以至于口供自愿性规则和口供补强规则两大口供证据规则的基石在心理强制时代都显露出其弊端,难以有效运作。如何确保心理强制时代有罪供述的真实性成为世界各国关心的重要课题,也决定着口供证据规则今后的发展趋势。
The transition of criminal interrogation from the age of physical compulsion to the psychological coercion led to a significant change in the path of formation of the guilty plea and its variety is also more diverse. At the same time, it also increases the difficulty of preventing and identifying false guilty statements in litigations so that the cornerstone of the two gossip rules of confession, which are voluntary confessions and confessions to reinforce confessions, reveal their drawbacks in the era of psychological coercion and are difficult to operate effectively. How to ensure the authenticity of the guilty plea in the era of psychological coercion has become an important issue that all countries in the world are concerned about and also determines the future trend of development in the oral and evidential rules.