Research On The Investigation Of Bribery Crimes

This dissertation consists of the introduction and seven chapters, a total of160,000words.Chapter Ⅰ defines the crime clues and explores its role in the bribery crime investigations. In light of the functions of bribery crime clues to discover and utilization in the practice of criminal justice, it analyses of the "dark figure of crime" from "the absolute black number "and" relatively black number". And it also analysis the causes of high level of "dark figure of crime" in bribery crimes from3perspectives:conceal, accordance traceless characteristics, the traditional "passive" access to clues of procuratorial organs,and decentralized criminal leads management mode, which also further confirms the reality of the difficulties in discover and use of the criminal leads. Then, the author holds that an "active" bribery trail discovering mechanisms shall be the key to the problem in discovering and use of the criminal leads:on one hand improvement shall be made on the ability to discovers clues of bribery initiatively, including deriving clues from cases, the collection and analysis of public opinion,the use the internet for active social research, etc; one the other hand, to take the initiative to extend the passive way for crime clues:smoothen traditional report and accusing ways,to strengthen ties with related departments, and ways to make the suspects surrendered. Solved the problems of access, this chapter concluded by focusing on the management analysis and utilization of bribery clues.Chapter Ⅱ begins with the academic dispute on the system of preliminary investigation of official offences. I agree to the reform and improve the preliminary investigation system according to its characteristics and the needs of detection of such crimes. I admit the legitimacy and importance of the preliminary investigation. I value it for its functions on the protection of rights, crime control, and efficiency value, especially its special significance for bribery crimes. Then I explore the problems that preliminary investigation tend to become formal investigation with the system, content and results of the investigation changed accordingly. This chapter concludes with proposed reconstruction ideas of preliminary investigation. Through empirical and comparative studies, the functional orientation, procedure building and systems adoption of preliminary investigation are respectively described from three perspectives:the theoretical basis of reconstruction, reconstruction and material guarantee. I believe that the system of preliminary investigation are realistically demanded in criminal justice, and the correct positioning of the preliminary investigation, improvement the preliminary investigation procedure and the establishment of the systems are the basis for the bribery investigation purpose.Chapter III focuses on specific operation and the relationship between the rights and power in bribery investigation. This chapter mainly uses the reflection argument to deepen the theme. I believe that bribery investigation is a process of confrontation activities between the subject and the object of Investigation in the established investigative rules. Through empirical research, this chapter revealed randomicity, initiative, closure, unequal of the powers and rights in the bribery investigation, which sufficiently shows the warm work of values and imbalance of Crime Control and protection of human rights. Then around effective operation of bribery investigation and legal protection of suspects, reflects and evaluates on the institutions and specific rules implicit in the bribery investigation. On this basis, I believe that it is necessary to rectify the imbalance on the crime control orientation existed in present bribery investigation mode while do not agree with the radical introduction of institutional rules, but to seek the dynamic power balance between the investigation capacity building and suspects rights protection. The second part of this chapter summarizes the five ways and its concrete application of the bribery investigation to provide some reference for the investigation of Practice.Chapter IV focuses on the keys, difficulties and breakthrough in evidence collection in bribery investigation. The principle of evidence-based referee requires that the evidence is the basis of the fact-finding in a case. The scarcity of evidence in bribery crimes, mutual proofing in confession, instability of the evidence, as well as derivative characters, all these particularity of investigation and evidence gathering make the collection of evidence in bribery investigation more important. Given the special characters of evidence of bribery, it is necessary to clear evidence form in the collection and focus on the characteristics of bribery, and to collect and preserve direct or indirect evidences. This chapter also described the focus of a bribery investigation and evidence collection. A detailed analysis of the long-standing difficulties in bribery investigation and evidence collection is also made. Finally, the methods to win through the difficulties in bribery investigation and evidence collection are also put forward:First, following the law of the case, to change investigation mode. Second, in accordance with the evidence system requirements, to change evidence gathering ways. Third, to improve the relevant provisions, establish the "one to one" evidence rules in bribery cases. Fourth, drawing foreign experiences, to adoption and application of rules of presumption. Fifth, to vest procuratorial organs with more power in the bribery investigation.Chapter V analyzes psychological strategy of interrogation,based on psychological anti-interrogation of suspects and focused on the collapse of psychological defense of criminal suspects and eliminating refusal psychological attitude of false claim of evidence of available by Prisoner’s theory and Nash equilibrium point determination in the bribery interrogation. This chapter first analyzes the function, bottleneck of the interrogation, and then made an introduction to actual preparation of interrogation. Followed by a comparative analysis of the strategies used in the practice of foreign investigation fictional evidence claims, introduced the main tricks in the bribery investigation, including the application of maximal and minimal methods. Theoretical model of Prisoner’s Dilemma applied again. I also pointed out the plight and its reasons of the Prisoner’s Dilemma theory’s applicability in the bribery cases, and then proposed ways to strengthen the theoretical model of the Prisoner’s Dilemma in the course of the investigation of the bribery cases. At the end of this chapter, I describe the use of the Nash equilibrium theory in the interrogation. I believe that the Prisoner’s Dilemma theory and the Nash equilibrium theory is a highly theoretical model, which does not affect the regularity of its scientific state and guiding significance for the detection practice. I also believe that the awareness to strengthen the use of above theoretical model in investigation practice to guide the bribery crimes interrogation will help to improve the clear rates.Chapter VI is about anti-investigation activities and its use in bribery crimes investigation. This chapter first makes a fundamental analysis on anti-investigation actions with its timing, subjects and the relationships between anti-investigation and investigation itself. Then introduced the anti-investigation of criminal suspects, witnesses and the relevant units and their manifestations. Finally, explored the measures to anti-investigation behavior in the bribery investigation. I believe that to counter the anti-investigation behaviors, we must first establish the perspective of scientific game-theory investigation thinking, empathy accordingly and choose the strategies and actions. And for counter-practice, we shall focus on methods that can effectively identify, control, use and prevent anti-investigation behaviors.Chapter VII is on special investigative methods in bribery crimes investigation. After years of appeal of academics and prosecutorial practitioners, the new Criminal Procedure Law conforms the needs of the times, and clearly allows the People’s Procuratorate to take technical investigative measures, with the material thus obtained can be used as evidence in criminal proceedings. As a kind of special investigative measures, technical investigation enjoys characteristics of the double-edged sword. We can get the enormous investigative effectiveness by technical detection measures while we must also be clearly recognized that it can lead to serious threat to freedom of communication, secrecy and personal privacy of the citizens. Therefore, it must be strictly regulated by law. Giving full play to its fight against bribery, we shall also ensure that it not overly intrusive to the tranquility of citizens to private life.