Problems And Solutions Of Illegal Evidence In Bribery Cases

In most cases, as a special type of economic crime, bribery is carried out with secrecy and left few clues behind. Only the statement and the testimony supplied by both side of bribery could be the substantiate evidence of such criminal cases. But the uniqueness, instability of bribe evidence brings huge difficulties to the investigation of such criminal behavior. As the importance of such statements, some of the illegally obtained verbal evidence becomes the puzzle of current judicial practice.This thesis starts with the definition of evidence obtained illegally, and on the base of analyzing the original value of exlusive rule for the evidence obtained illegally, the thesis defines the evidence obtained illegally as the evidence obtained by infringing the legal rights of the person who will supply the evidence. And this brings the major modality of the unlawful evidence as the verbal evidence obtained by extorting a confession, menacing, enticing and deceiving during the detection. The verbal evidence mainly comprises the suspect's statement and the testimony of the witness.The evidence obtained illegally mainly generates from the incomprehensive and halfway law stipulations and the characters of bribery itself. But the reason why the evidence obtained illegally could be the factors to identify the case is that the "unlawful evidence" will be accepted by the judicial organ. This phenomena can be found everywhere in the current judicial practice. This is caused by the high trend of bribery, and because of both traditional lawsuit philosophy and the legal system. The existing of the phenomena is a huge encumbrance to not only the advancement of our nation's criminal lawsuit philosophy but also the efficiency and benefit of criminal lawsuit.Since there is no rule of evidence as which can be applid to bribery evidence admission during judicial practice in our country, it is necessary to refer to the overseas jurisdiction concerning dealing with the special evidence on bribery, and combines with the situation of our nation to build up a series special rules of evidence to meet the characters of bribery evidence.In my opinion, the exclusive rule of unlawful verbal evidence, the putative rule and confessing loosen rule must be set up to alter the difficult status to which the disposal of bribery evidence is facing. It is necessary and feasible for nomology, legislation and judicial practice to constitute the three kinds of system and it will have a great impact on the advancement of our nation's criminal lawsuit philosophy and the efficiency of criminal lawsuit as well as the enhancement of protective consciousness on citizenship. It is provided with an extra significance on chastising bribery and in-depth expansion of anti-corruption.