| The new Criminal Procedure Code constructs preliminary the rights protection mode of voluntary confession, based on the principle of against self-incrimination. However, it is still far from the ideal mode. Beside the rights protection mode, there is also a power protection mode which checks and balances of interrogative power by external power and protects indirectly the suspects’ voluntary confession. By establishing the systems of appropriate presence of adults, diet and rest during interrogation, timely imprisonment after detention, the legalisation of the place for custodial interrogation, and the synchronisation of audio and video recording, the newly amended Criminal Procedure Code imposes its control over the interrogative power, which has partially reflected the characteristics and requirements of the power protection mode. But the system reform is incomplete yet.The experience of other countries shows that a single protection mode is not enough to solve all the problems of forced interrogation, therefore the ideal mode to protect voluntary confession should be a combination of the rights protection mechanism and the power checks and balances mechanism. Based on the principle of against self-incrimination, on one hand, the legislative reform and judicial practice in criminal proceedings need to continue to improve the checks and balances of power, and on the other hand, the investigative procedure reform should also introduce the rights protection mode, improve the litigative ability of the suspects and strengthen their ability to counter forced interrogation. |
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