口供是一种重要证据,口供中心是事实判断而非价值选择。面对口供,真正应该思考和解决的问题是:如何正视乃至克服某些本土因素的制约,以更为有效地获取与使用口供,同时协调好其与保障人权、维护人性尊严的紧张关系。刑事取供过程实质上就是一个追诉者与被追诉者之间的动态博弈,在对追诉者与被追诉者行为分析的基础上,以理性而务实的态度,合理而充分地利用行为激励机制,兼顾取供的各种制约因素及宏观场域,才能建立起行之有效的取供机制。 Confession is an important evidence that the confession center is a factual judgment rather than a value choice. The real question that should be considered and solved in the face of oral confession is how to confront or even overcome the constraints of certain local factors in order to obtain and use oral confessions more effectively while at the same time coordinating their tensions with safeguarding human rights and safeguarding human dignity. In essence, the process of criminal taking and providing is a dynamic game between the prosecutor and the person being prosecuted. Based on the analysis of the behavior of the prosecutor and the person being prosecuted, the rational and pragmatic attitude is utilized to reasonably and fully utilize the behavior incentive mechanism, Taking into account the various constraints and macroscopic access to the field, in order to establish an effective access mechanism.