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口供作为法定证据中的一种,在诉讼中具有真伪两面性,真实的口供有利于查禁犯罪,而虚假的口供却极易诱发冤假错案。民主法制先进的国家在对待口供问题上都确立了一系列的可采性规则,其中主要是自白的任意性规则。在我国只应确立口供的相对任意性规则,这主要是基于我国的基本国情和刑事诉讼的任务,也是基于诉讼的价值平衡决定的。确立口供相对任意性的采信规则具有一定价值,有利于发现案件真实,提高办案质量,使诉讼更加人性化。但存在影响口供相对任意性采信规则的一些因素,所以要保障口供相对任意性规则的实施。
As a kind of statutory evidence, the confession has the authenticity and the duality in the lawsuit. The true confession is conducive to the investigation of the crime, while the false confession can easily induce the wrongfulness and misconduct. Countries that have advanced the democratic and legal systems have established a series of admissibility rules on the issue of confession, mainly the confession arbitrariness. In our country, we should only establish the relative arbitrariness of confession, which is mainly based on China’s basic national conditions and the task of criminal procedure. It is also based on the balance of value of litigation. It is of some value to establish the relative arbitrariness of procuratorial rules, which can help to find the truth of the case, improve the quality of case handling and make the lawsuit more humane. However, there are some factors that affect the relative arbitrariness of oral confession, so we should guarantee the implementation of the relative arbitrary confession rules.