Construction Of The Evidence System Of Occupational Crime

It's generally known that, the evidence is a key factor to succeed in handling cases. Absolutely, the evidence of occupational crime plays the cohesive role throughout the litigation, depending whether occupational crime could be affirmed. How to make most use of the advantages while eliminate disadvantages during the investigating procedure of occupational crime, how to obtain the evidence efficiently, how to examine and affirm, thereafter to build a complete, scientific evidence system, are undoubtedly very crucial to the investigation of occupational crime.This thesis consists of four parts, about 30,000 words in total.The first part is about the basic theoretical issues about occupational crime The evidence of occupational crime refers to a variety of facts and materials related to the criminal case, which are collected by the prosecutorial authorities in handling cases of occupational crime. The evidence of occupational crime has to go through such processes as collection, examination,admissibility and affirmation, fixing, and application; and ultimately an evidence system that used in litigation has been established. In this article, I will mainly explore the collection, admissibility and affirmation, the construction of the evidence system and other issues.With the deepening of the struggle against corruption, and with the evolution of the occupational crime, the prosecutorial authorities will encounter more challenges in the investigation of occupational crime, for instances, the fact that the Suspects increasingly get sharper anti-detection capabilities, the impact by which lawyers get involved in the investigation ahead of time, and more and more stringent rule of excluding illegally obtained evidence and so forth. In this regard, it's indispensable to base on China's national conditions and the current situation, abide by the characteristics and regular patterns of the investigation on occupational crime, focus on the key points, and emphasize on the actual effects, and constantly set up and improve the evidence system of occupational crime.The second part is about the collection of the evidence of occupational crime. Certainly there's no need to repeat the importance of evidence-collecting. To collect the evidence, we should keep a comprehensive and dynamically developing thinking, overcome the disadvantages in evidence-collecting work, make full use of various favorable conditions, and adopt some investigative strategies like strengthening leadership and command in investigation, combining internal and external bi-investigation, using technical investigative instruments, utilizing the Suspects'anti-detection action to make forensic investigation etc., to obtain more high-quality evidence, and establish a foundation for the construction of the evidence system.Part Three is the admissibility and affirmation of the evidence of occupational crime. The admissibility and affirmation of the evidence is a key ring in the chain of evidence system. Choosing which evidences can be used in building the evidence system, which cannot, are of much significance to ensure the quality of handling cases. In this section, I will discuss some kinds of rules of the admissibility and affirmation of evidence, which are on a position of great meaning to the investigation on occupational crime. I also will bring up my own points of view about the current considerably controversial excluding rules of illegally obtained evidence. Furthermore, with regard to the two specific types of evidence in the investigation process– the one collected by Discipline Inspection Commission and Supervisory Body, the other gathered from the preliminary investigation by the prosecutorial authorities, whether they are supposed to be admissible and affirmed or excluded, will also be stated in this part.The last part is about the construction of the evidence system of occupational crime. In this section, first of all, from the perspective of criminal constituent elements and the factors that influencing criminal sentencing, I made a general statement about which evidences are required in constructing evidence system, which methods should be adopted to obtain such evidences, thereby forming an evidence chain to prove guilty. Second, regarding the construction of evidence system of some common occupational crime - corruption, bribery, and dereliction of duty, I also represented them separately from the aspect of criminal constitution.