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近年来,冤假错案频繁曝光,一方面表明,我国司法活动以前纠错举步维艰的局面正在逐渐被改变,是我国司法的巨大进步。另一方面表明,我国的司法制度确实也存在许多问题。在每个类似个案后面,几乎可以看见这样一个普遍的问题,口供是将这些案件中的被告人定罪量刑的主要证据,同时,口供也是这些冤假错案得以纠正的重要原因。本文以陈某案为例,通过反思其中的口供问题,试图探讨冤假错案中的口供问题及其衍生问题,并提出相关的完善建议。
In recent years, the frequent occurrence of unjust and false cases has shown that on the one hand, the difficult situation of correcting mistakes in our judicial activities is gradually being changed and is a tremendous progress of our country’s judiciary. On the other hand, it shows that there are indeed many problems in our judicial system. Behind every similar case, there is almost universal evidence that confessions are the main evidence for the conviction and sentencing of the defendants in these cases. Confession is also an important reason why these unjust and wrong-doing cases can be corrected. This article takes Chen Mou case as an example, tries to explore the issue of confession and its derivative in the case of unjust and false by rethinking the issue of confession, and puts forward some related suggestions.