A Study On Testify System Of Corruption

In China's development process, corruption is an unavoidable problem. As the parties of " The United Nations Convention against Corruption," China has been committed to improving our existing anti-corruption measures, increasing the strength and depth of anti-corruption, keeping with the "United Nations Convention against Corruption" synchronization and unity. China's "Criminal Procedure" is modified, along with the "Code of Criminal Procedure Amendment (Draft)" issued, China should absorb the "United Nations Convention against Corruption" crime against corruption on the special requirements, based on the situation in China, from the substantive and procedural aspects of efforts to improve China's anti-corruption system.Although the crime of corruption is a criminal offense, But in the case of evidence collection, evidence of use, etc. are different from ordinary criminal, for example:in other criminal cases, the main body of evidence is public prosecution, the proof of corruption outside the main addition to the prosecution, the defendant sometimes is the legal proof of the main; another example:in other criminal cases,there are various types of evidence, but the crime of corruption has many documentary evidences and witnesses,has less physical evidence and oral evidences are dominant, so when the suspect does not cooperate, witnesses are unwilling to testify or unconsistent statements of both parties and be short of other evidences, there will be insufficient evidence to prove the case this is very bad for the investigation of cases. China's current Code of Criminal Procedure for the issue of corruption that has not made special provisions, although there are some special ways in the judicial practice of China's anti-corruption, but now there is still no clear and relevant legal provisions. Therefore, in this case research the system of corruption, have great theoretical and practical significance. This paper, on the basis of China's judicial practice and the advanced experience of foreign countries, made a perfect evidence of the crime of corruption regime, put forward sound proposals about testify system of corruption.In addition to this introduction and conclusion, the total is divided into four parts:The first part is the theoretical interpretation of testify system of corruption, mainly described four aspects of the basic problems of corruption, these four areas are:basic problems of corruption concerns, the definition of testify system of corruption, the theory and practice value of testify system of corruption and the special nature of testify system of corruption. The definition and the special nature of testify system of corruption is the focus of this section. Through the introduction of this part, first, we have a basic understanding of this system; second, the necessity of this system is highlighted.The second part is testify system of corruption of other countries and Hong Kong. Research mainly for China's Hong Kong, Singapore, Britain, South Africa and other countries'testify system of corruption. Through the introduction of the above-mentioned countries and regions, the provisions of the "United Nations Convention against Corruption," which is relating to prove the crime of corruption as a template, looking for gaps in the system in China and draw some inspiration.The third part is the defects and shortcomings of testify system of corruption of our country. This part is an important part of this paper, mainly includes four aspects:don't clearly prescribe the application of presumption rules, don't clearly prescribe the testimony immunity of tainted witness, rate of appearance of witnesses is low, use testimony, transcripts of evidence frequently and the protection of witnesses, informants and victims is not enough. Through the Summary of current issues, On the one hand we have a clear direction for system improvement, the other hand, can be targeted.The fourth part is to improve some measures of the testify system of corruption. This part is another important part of this article. This section includes:establish an appropriate system of presumed; establish the testimony immunity of tainted witness; improve the relevant system to increase the rate of witnesses to testify; perfect witnesses, informants and victim protection system and Complete review of the evidence to determine the rules of criminal corruption. Establishment and improvement of these systems, On the one hand, it can help to improve the "prove difficult" status of criminal cases of corruption in China,on the other hand,it can increase the detection rate of criminal cases and then investigate corruption and crime more effectively.