On The Application Of The "zero Confession" Rule In The Judicial Environment Of Our Country

For a long time,oral confession has the status of "king of evidence" in the field of criminal procedure in our country.Up to now,"oral confession" is still one of the forms of evidence in criminal procedure,which has a very important role and status.However,the modern criminal procedure system is constantly developing and changing,and the local criminal procedure thinking,which has been deeply rooted and lasted for more than two thousand years,has collided more and more with the changed ideas in the world.As China has successively participated in the formulation or accession of a number of international conventions with advocating judicial civilization and the right to silence as the core content,such as the International Covenant on Civil and political Rights and the United Nations Standard minimum rules for Juvenile Justice,some of the contents of the right to silence have been introduced and raised to law with the title of "zero confession" rule.It has become the inevitable trend of the reasonable connection between Chinas basic criminal policy and international conventions.In this sense,the value of the rule of "zero confession" in promoting the process of judicial civilization in our country should be affirmed.But at present,it seems that in the whole process of criminal investigation in our country,only a few procuratorates apply the rule of "zero confession" to handle cases,while the vast majority of public security bureaus,procuratorates and courts still follow the provisions of the current Criminal procechure Law,Confession is regarded as very important evidence,which leads to,in reality,extorting confessions by torture,giving confessions and inducing confessions in order to obtain confessions,which may lead to unjust,false and wrong cases.Establishing and perfecting the rule of "zero confession" plays a certain role in building a country under the rule of law and improving the efficiency of handling cases,and has more far-reaching significance in promoting the process of criminal justice and eliminating the negative effects caused by extorting confessions by torture.However,the current judicial situation,the immediate and full implementation of the "zero confession",rule is still lack of maneuverability and the possibility of full implementation.Therefore,the implementation of this principle will inevitably lead to practical problems such as comprehensively negating the value of confession and greatly increasing the workload of investigators,which will inevitably hinder the fight against crime and improve the efficiency of investigation.The rule of "zero confession" is a unique rule in our country,which is only partially applicable in the stage of examination and prosecution,and does not have universality in the world,which is similar to the system of "right to silence" in Anglo-American law system.However,there are similarities and differences between the two,the difference lies in the different subjects of application,the different contents of the rights given to the criminal suspects,and the different time categories that the procedures run through;but there are also some similar effects,that is,they are all regarded as having not yet obtained the confession of the criminal suspects,which allows the criminal suspects to remain silent,which to a certain extent reduces the probability of extorting confessions by torture,but also hinders the speed of detection of the case.In view of this,an the basis of referring to the extraterritorial right to silence,this paper aims to discuss whether our country,should promote the use of the "zero confession' rule,and if so,what aspects need to be improved,in order to crack down on crime and ensure human rights,it also provide's some references and suggestions in terms of not only cracking down on crime but also ensuring human rights.