“Naught Confession” Drug Crime Evidence Collection And Using Empirical Research Review

The situation of drug crime is becoming increasingly serious in recent years,with the gradual improvement of the criminal suspect the counter-countermeasures,a growing number of drug cases appeared "naught confession","naught confession" case detection,prosecution,trial is not contradictions increasingly prominent,emerge in endlessly.This case because of the lack of the criminal suspect is regarded as the "king of the evidence" confession,in the case of evidence is bound to break the original drug cases on the grasp of evidence review mode.The criminal procedure law in China has been clear about the "clear the case facts,evidence really fully" proof standard,but in practice "naught confession" case because of the lack of direct evidence of the criminal suspect of criminal facts of confession,for its "evidence," really adequately the standard how to proof there are some difficulties in practice.In this paper in the perspective of examination and prosecution stage,pay attention to the judicial practice under the premise of demand and research existing evidence rules,put forward evidence collection in zero confession drug cases and review of the perfect idea.In this paper,the text is divided into three parts,a total of more than twenty thousand words.The first part,this paper first to the judicial practice in the three zero confession drug case as the breakthrough point,to "naught confession" judicial status quo of drug cases,evidence constitute characteristics,elaborates the kinds of evidence,in order to " naught confession " in drug cases evidence have a general understanding on the issue.The second part,further discuss "naught confession" drug cases and evidence collection and review the problems existing in the practice.First of all,from the psychological theory,can not self-incrimination principles introduced,degradation treatment scope of precedent,illegal evidence exists to expand occasionally four aspects analysis the cause of the case of drug "naught confession";Second,from the appearance of "naught confession" case for collecting evidence and evidence review harder,expounds the influence of higher;Finally,according to the collection of evidence and evidence review two parts in the judicial practice of "naught confession" drug cases in evidence collection of application consciousness is notstrong,do not take the subjective evidence that evidence,do not take the confirming evidence,ignore some special problems and do not take the verification confession reason existing in the evidence examination,do not take the electronic evidence examination as to substance,ignore the normality substantial examination questions are discussed in details.The third part,on the basis of the summary of the first two part of the problem,according to the evidence collection,evidence review two aspects of problems in judicial practice,proposes the solution and improve the opinion.In a timely manner and collection of evidence shall observe the principle,moderately expand the scope of the technical investigation,pay attention to the procuratorial work guiding investigation,pay attention to verify evidence collection.In evidence censorship notice of review the legality of the evidence,pay attention to the suspect justification for review.Perfect Suggestions are put forward according to different types of evidence at the same time,in order to solve the evidence examination and prosecution stage have encountered problems,perfecting the examination and prosecution stage on the collection and review of the evidence.