Study On Evidence Discovery And Collection In Economic Crime

With the establishment of socialist market economic order, economic crime has presented itself with more and more new types and methods accompanying the development of society and economy, bringing about increasingly grave harm to the society. Thus striking economic crime becomes one of the key works for the judicial organ at present. As the basis and core of all proceedings, evidence is the most primary issue in the procedure, while the discovery and collection of evidence has been put into difficulties because of the intellectual, latent and complex characteristics of economic crime. Difficulties of determining its nature, collecting criminal evidence and arresting criminals are thoughts as three tough issues in investigating economic crime, resulting in an "evidence bottleneck" in criminal prosecution of economic crime. The fact of legal case, which is supported by certain evidence, is the basis to file the case and determine its nature; while how it is determined in nature will affect the direction of investigation and also the scope and direction of discovering and collecting evidence. They are restrictive and conditional to each other. It is prerequisite to meet the subjective requirements for prosecuting criminal's responsibility. If no evidence proves the establishment of subjective intention, the case could not be determined and investigated as a criminal case, let alone arresting the actor. The intellectuality, concealment and complexity of economic crime gives its evidence characteristics different from that of general criminal case in forms and existing manners, which is the main cause of above mentioned three difficulties. The issue of evidence is decisive and elementary in investigation of criminal crime, especially in criminal prosecution of economic crime, hence it is of important practical significance in investigation of economic crime to study how to discover and collect evidence.This dissertation discusses the issue of evidence discovery and collection in economic crime in four parts, summing up 35000 words in all. The first part is about general description of and analysis on economic crime, its characteristic and characteristic of its evidence. The major characteristics of economic crime are intellectual, latent and complex, which give its evidence characteristics in forms and existing manners that are not in accordance with what in general criminal offence. It analyzes the causes of difficulties in investigation of economic crime, i.e., "difficult to determine the nature, difficult to collect evidence, and difficult to arrest criminals". By pointing out that the cause is the discovery and collection of evidence, it holds that discovery and collection of evidence is of important meaning in practice to break through the evidence "bottleneck" in criminal prosecution of economic crime.The second part discusses how to discover evidence in economic crime. It states that evidence discovery is the prerequisite of evidence collection, and analyzes the cause of difficulty to discover evidence. Then it suggests that a preparatory investigation is necessary to discover evidence in economic crime, whose two main tasks are determining the nature of the case and distinguishing the case facts. Finally the discovering methods are specifically referred to from six aspects.In the third part how to collect evidence in economic crime is studied. It begins with the general principals and basic requirements in collecting evidence from six aspects, among which the requirement of relevancy of evidences is well discussed. Considering the particularity of criminal crime and its evidence, it addresses the issue by emphasizing especially on some outstanding problems and questions that need to pay attention to in practice, rather than discuss how to collect evidence in economic crime one by one according to sequence of chapters or by forms of evidence as in the textbook or criminal procedural law.The fourth part makes probe into three topics affecting the discovery and collection of evidence in economic...