Investigating The Crime Of Bribery And Embezzlement Of Informant System Construction

The crime of corruption and bribery is usually extremely subtle manner, plus social specialization division of labor is increasingly close, the criminal means of latent and potential exhibits a high degree of specialization and intelligent, ordinary people are very difficult to understand the specific situation and its activity rule, relying entirely on the report begins anti-corruption case has not been able to adapt the combating corruption bribery crime need, must change the past may rely on passive acceptance report information, take the initiative to collect intelligence informant as sources of information, provide an important channel more and more get the attention of departments of anti-corruption.The anti-corruption informants can also be called the informant or anti-graft recruitment information, is based on some kind of motive, by the prosecution of corruption and bribery Bureau leadership, command and control, secret for anti-corruption departments to collect and provide crime clues, information or evidence, thus receiving remuneration or other reward citizens. Informants in the investigation of ancient and modern are widely used, and informant main job is to collect criminal information and evidence, provided to the procuratorial organs and departments, characterized by strong concealment, have bigger risk sex, easy invasion of privacy, and the procuratorial organ anti-corruption agency agreement with the contract. According to the informants in the bribery and corruption crimes investigation activities in the role, can be divided into:message type, the type. According to the informants and anti-corruption agency relationship tightness can be divided into:fixed intelligence informant, registration, provisional informant informant. According to the informant motivation can be divided into:wealth, revenge, was forced to use type type type, promote justice.The anti-corruption departments in the case to introduce the practice of informant investigation system is legal, has always been a controversial topic, this paper argues that the existence of anti-corruption informant from our constitution, law, international conventions and legal to find the legal basis. Can say, anti-corruption work into the informant system is China’s anti-corruption struggle objective need, in line with the Party Central Committee on anti-corruption historical localization, is under the new situation to carry out anti-corruption work, open up the source channel of objective need, change detection way, saving the cost of the investigation, improving investigation benefit beneficial choice.In judicial practice, the anti-corruption informant collect criminal information to prosecutors investigating the case played a major role, but with the concept of democracy and legal system and the protection of human rights consciousness unceasing enhancement, the informant’s use and many problems need to be standardized urgently, informants using very confused. At present our country anti-corruption informant investigation problems manifested in the lack of legislation, the practice of for the lack of effective standard, an informer on the legal status, subject qualification, whether temptation crime, whether to testify in court, the evidence obtained is effective, it can be involved in the crime criminal immunity in great dispute.This combination of procuratorial organs and the corruption and bribery cases is actual, through to the existing problems in practice to study, to learn from foreign legislative experience, to improve our informant system provides advice, look forward to the process to establish a set to conform to our country national condition of the system to ensure the means of investigation carried out smoothly, especially to the informant, mode of operation, the informant for protection to make specific provision. With the legal system standard informant and the investigative organs the rights and obligations of both parties, on one hand from the procedure safeguard the legitimate rights and interests of informants and relieve approach, on the other hand to prevent abuse of the system. Which reached the purpose of combating corruption, and earnestly safeguard and respect for human rights, so as to play a bigger role in the crime investigation.