Study On Presumption Of Bribery

Bribery presumption, as a special evidence system for bribery with its own characteristics and application value, not only transfers part of the burden of proof, but also reduces the standard of proof. Therefore, on one hand, it makes up the shortcomings of direct proof existed in bribery; on the other hand, it is in line with the value of criminal proceedings. In this dissertation, some issues relating to bribery presumption are analyzed, so to find out why the system is established. The author hopes this advanced anti-corruption system can be"a sharp knife"to control and fight corruption in China.After the analysis of the definition, characteristics and application condition, we find out that, bribery presumption is a mandatory fact presumption with significances both in procedures and in substance. That is to say, substantive rule should take the role of relevant facts and reasonably define the presumption scope into account to prevent bribery presumption abuse; procedural rule should manage to avoid wrong presumption by rational allocation of proof burden, scientific proof standard and adequate protection of refusal right.Bribery brings huge harm to politics, economy and society, and its evidences are often single, hidden and unstable. Yet there is no effective rule to define bribery which makes it a difficult problem for judicial department. Since the 20th century, a series of special evidence rules adopted by many countries and regions to fight bribery, in which bribery presumption plays very important role in anti-corruption campaigns. At present, on one hand, China has no specific provision on bribery presumption; on the other hand, traditional rules of evidence alone can not effectively combat bribery. In order to safeguard justice as well as improve litigation efficiency, it is necessary for China to establish bribery presumption by learning advanced experiences from abroad. Bribery presumption can be composed of principles, subjects and procedures.