On The Economic Crimes Evidence Discovery And Collection

With the establishment of socialist market economy system, those crimes which seriously damage market order and national economy security have become more and more obvious. Compared with other kinds of crime, economic crime is more difficult to be investigated and requires more about the evidence because of it's intellectual, latent and complex. Evidence is a kind of powerful weapon to disclose economic crime that to some extent, to deal with economic crime is to discover, collect, examine and use evidence. The issue of evidence is decisive and elementary in investigation of criminal crime, especially in criminal prosecution of economic crime, hence it is of 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 five parts, summing up 35000 words in all.The first part is general description of and analysis on economic crime, including the concept and characteristic of its evidence. Effected by variety of economic activities and extensive of economic field, economic crime may be not the same in different area and different period. The evidence of economic crime is different from that of common criminal crime in forms, existing manners and characters. Besides general characters of common criminal evidence, it also shows the character of multiplicity of documentary evidence and of quantification. So it requires more on discovering or obtaining economic criminal evidence.The second part discusses the significance of discovering and collecting evidence in economic crime detection. The writer believes that Chinese special investigation and debate system has some influence on the requirement of economic criminal evidence; unique arising mechanism and changing discipline in economic crime generate various opinions on cognition; and as well, it is of great importance in exercise of obtaining economic crime evidence to study how to discover and collect evidence. In the third part how to discover evidence in economic crime is studied. Discovering evidence belongs to the process of confirming evidence. In this part, the difficulty in discovering economic crime evidence is analyzed from four aspects, and the methods to discover economic crime evidence is also analyzed from multiple aspects. It states the existing problems in discovering economic crime evidence from the view of suing examination; points out the shortcomings of abusing pre-suing discovering procedure; and proposes that the pre-suing primary examination should be taken place by suing examination.The fourth part discourses on collecting economic criminal evidence, along with the general principals and basic requirements in collecting evidence. It analyzes the reason why it's difficult to collect economic crime evidence from the different aspects of economic crime case and interested parties; and studies the way to dispose of these problems.The fifth part emphasises on the issues of confirming subjective evidence and using criminal presumption to collect evidence. As the issue of confirming subjective evidence is the long-standing problem in detection and collection of evidence, this article analyzes the importance of the existing form and the position of subjective evidence in evidence discover and collection; and elaborates on the basic requirement such as excluding illegal testimonial evidence. Criminal presumption is different from analogy, and does not conflict with the rule of crime that confirmed by law. Actually in detection, the criminal presumption leads to partially transferred of the burden of criminal proof. It is mainly used on the base of known case factors judged by indirect evidence, and must be proved by retorting.