Abstract The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges’ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.

中文翻译：

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刑事诉讼中的自白治理与判决

摘要依赖自白的客观现象是我国刑事司法实践中诸多问题的根源。尽管对法律的连续修正旨在改善对自白的处理，但它们仍无法解决僵化的管理模式，不兼容的管理策略以及对管理的态度相互矛盾的难题。本文从法官的角度对其进行了多维重新解释，包括功能分析，文化解释和直接考虑。它表明，在提供道德安慰或允许逃避责任的功能背后，认罪作为一种身体和智力管理手段，具有补充和改善刑事判决合法性的更重要的功能。