翻供问题研究

翻供是口供的一种 ,是指犯罪嫌疑人、被告人在判决确定前 ,推翻原有供述和辩解的一部或者全部 ,而作出的新的供述和辩解。同时 ,它又是犯罪嫌疑人、被告人行使辩护权的特殊手段。翻供对刑事诉讼既有积极意义 ,也有消极影响。因此 ,必须正确认识和认真对待翻供。本文在对翻供的概念进行疏理和厘定的基础上 ,探讨了翻供的特征、作用以及如何正确对待翻供等问题

Studies of Testimony Retraction

Testimony retraction is the denial by the suspect or defendant of part or all of his or her former confession and is therefore his or her new testimony or argument in a legal case. At the same time, it is a special form of right to defence. Since testimony retraction has both positive and negative roles to play in criminal lawsuits, it has to be understood correctly and treated properly. This article, by looking into the characteristics and roles of testimony retraction, suggests some new ways to deal with testimony retraction.