China’s "Zero Confession" Bribery Case Investigation Difficulty And Breakthrough

The new CRIMINAL PROCEDURE LAW has come into effect. Although the criminal suspects are not given the right to keep silence by the law, they usually refuse to confess the facts of the crime during the course of the investigation. This will pose new challenges on the traditional case handling mode and request investigators to finalize the cases by relying on evidence but reducing dependence on the statement of suspects. Especially in the last few years, the author found that in the investigation of duty crimes, the "zero confession" phenomenon in the bribery crime cases shows a rising trend year by year, which poses a tremendous challenge to case investigations and meanwhile influences the strength and effectiveness of combating crimes for the procuratorial organs. It showed that the case study of bribery with "zero confession" has an urgent social reality. Combined with judicial practice, the difficulties and key points of confession in the investigation of the bribery crime with "zero confession" cases were discussed and investigated. The purpose of this study is to break through the difficulties in the investigation of bribery crime with "zero confession" and to trigger some valuable thinking and get some conclusions for practice.This paper focuses on how to break through the predicament of the investigation for bribery crime cases with "zero confession". From the research purposes, the significance of the topic and the present state of the domestic and foreign research, the theoretical basis of finalizing the bribery cases with "zero confession" was investigated in detail and the current situation and difficulties for investigating bribery cases with "zero confession" was combed systematically. In the meantime, by studying the current investigation situation for abroad bribery crime with "zero confession", some outstanding investigative modes, for example, the bribery presumption principle, the Stain Witness System, the temptation investigation system were particularly interpreted. Finally, this paper proposed some targeted advices on how to break through the investigation difficulties in bribery crime cases with "zero confession" in China.