Study On Evidence Collection And Identification Of “Zero Oral Confession" Cases

In August 2000,the people's Procuratorate of Shuncheng District,Fushun,Liaoning,launched the "zero oral confession" rule of the chief prosecutor handling the case.The main content of this rule is that when the evidence of a criminal suspect's confession,including a criminal suspect's confession,is sent to the procuratorate for arrest or prosecution,the prosecutor should regard his guilty confession as zero,and then analyze the facts of the suspect in accordance with the other evidence in the case,and whether it should be arrested or prosecuted.At present,in the process of judicial administration in China,there is a phenomenon of excessive reliance on the oral confession by the judicial administrative personnel,and even the behavior of some judicial officers who are eager for quick success and immediate interest,which is not conducive to the construction of a country under the rule of law,but also is not conducive to the guarantee of the human rights and the right to silence of the suspects,and to change the investigative organs and the cases of handling the cases in our country.The negative ideas such as "heavy strike,light protection","heavy power,light rights" and "presumption of guilt" remain in the minds of the staff.The principle of "zero oral confession" has certain positive significance,but this principle completely negates the value of the oral confession and reduces the efficiency of the investigation.Therefore,it causes some difficulties to the judicial practice,which not only means to reduce the efficiency of the investigation,but also to the bad people.The rule of "zero oral confession" finds the biggest problem in our country's present criminal procedure law,especially the investigation procedure,which is to pay too much attention to the evidence of the confession,but the measures of the reform are ineffective.This paper comprehensively analyzes the present situation and problems of the "0 confession" rule,and puts forward the concrete rules and suggestions for the collection and confirmation of "0 confessions" cases from the operational level on the basis of investigating the judicial practice and the extraterritorial experience.Firstly,this paper analyzes the basic theory of the "0 confession" rule,expounds the background and core content of the rule of "0 confessions",and secondly,analyzes and expounds the evidence collection standard and the evidence cognizance of the "0 confession" case.Then on the basis of the above discussion on the comparison of the typical "0 confessions" The evidence of drug cases is fully elaborated;Finally,on the basis of the analysis and discussion above,this paper puts forward some suggestions for the judicial status of "0 confessions" and the reform measures of judicial practice under the background of the litigation reform in our country.