A Study On The Standard Of Bribery Crime

Exercise the right of investigation and bribery，is the“Code of Criminal Procedure”，one of the powers given to the prosecution，the law is to require the exercise of investigative powers of law raised by the prosecution.Prosecution of bribery investigation process is to gather evidence，to restore the historical truth of the process，due to the nature of evidence collected with the characteristics afterwards，so the difference between legal reality and objective truth exists，prosecutors gather evidence in the form of purpose is，to this difference reduced to negligible extent count.To achieve this level，so there is proof of this concept standards.The standard of proof in a criminal bribery law does not clearly stated in the ordinary criminal law standard of proof expression，only，however，is different from the crimes of bribery and corruption crime criminal misappropriation，more different from ordinary criminal offenses，which itself has a certain particularity，This determines the need to collect evidence of the crime of bribery also has special，but for the purposes of the evidence standard of proof should have its own characteristics.It is because of the special properties of the standard of proof of bribery，and therefore whether it is for the structure，purpose and form of the value of the value of the system to achieve the standard of proof or the standard of proof is also differentiated balance，can play a positive role in promoting，is can not be ignored when handling bribery cases prosecutors.However，China’s current criminal standard of proof revealed the existence of bribery prosecution long judicial practice many deficiencies，mainly in the statutory objective criteria too abstract not specific，standard single‐level insufficient proof，the standard level of sentencing is not clear proof supporting implementation of the system is not perfect，and several other aspects. Aiming at these deficiencies and bribery standard of proof，combined with its role to play in practice to improve the standard of proof presented constituted the crime of bribery，bribery crimes division level standard of proof，clear proof of bribery crime sentencing standards， specifications and other supporting measures opinions and suggestions.