虚假供述影响因素及法律控制  

The Influencing Factors And Legal Control of False Confession

作　　者：陈欢[1] 罗大华[2] 薛雄庭[3] 

机构地区：[1]中国政法大学证据科学教育部重点实验室,北京100088 [2]中国政法大学,北京100088 [3]中国政法大学社会学院,北京100088

出　　处：《心理科学》2012年第3期669-676,共8页Journal of Psychological Science

摘　　要：本文以虚假供述的研究方法为起点,结合案例,对自愿型、强迫—服从型和强迫—内化型三种类型的虚假供述进行介绍,从个人因素与情境因素两个方面,对虚假供述的影响因素加以分析。其中,着重阐述了虚假供述的实验室研究范式。在评析影响因素的基础上对我国的新刑事诉讼法进行讨论,以期从法律上控制虚假供述影响因素。With the purpose of reviewing current research on false confession, this paper introduces the typology of false confessions, analyses factors that may lead to false confessions in terms of personal aspect and situational aspect, and presents the computer-crash paradigm and the novel experimental paradigm for eliciting false confessions in laboratory. Researchers outline false confessions to 3 types ： voluntary, coerced-complaint, and coerced-internalized. This descriptive typology provides a frame for people to understand false confession systematically. The personal aspect of false confessions concerns factors relevant to suspects, including compliance, suggestibility and age, with questionnaires as the dominant method. Research shows that innocent people who are high in compliance and suggestibility and low in age may be risky of giving false corrfession. As for the situational aspect, false incriminating evidence and ＂minimization＂ are the two key factors the researchers have paid attention to, with laboratory experiments as the dominant method. The computer-crash paradigm devised by Kassin and Kiechel （1996） is widely used in experiments for eliciting false confessions in laboratory with false incriminating evidence. Pace （slow or last） and evidence （witness or no witness） are the two independent variables in this experiment. The subjects, who were accused of damaging a computer by pressing the wrong key which was prohibited to press, denied the charge initially. But some of them turned out to confess after the confederate provided a witness of seeing or not seeing the subjects pressing the wrong key. Confession rate, which was the lowest in the slow-pace × no witness group and highest in the fast-pace × witness group, was significantly different between the two groups. The results of this experiment indicated that it was possible for people to internalize guilt for a crime they did not committed and that the presentation of false confession hight increased the risk. The novel experimental

关 键 词：虚假供述 嫌疑人 个人因素 情境因素 建议 

分 类 号：B841[哲学宗教—基础心理学]