Research On Evidence Institutional Of Bribery Case

This article through to relevant evidence of bribery case after institutional analysis, gathered a lot of related papers and material, in earnest study found that most papers discussed on this problem, less superficial from deep analysis bribery case evidence rules, most article discussed of related issues are old and there exist certain degree of incomplete, lack of innovation and integrity. At the same time, because of the Angle only stay in China within the scope of criminal legislation, this makes possible to bribery crime a series of legal problem solving difficult to substantial breakthrough. Based on this understanding, I tried to find a kind of perspective, can comprehensive understanding to the evidence in bribery case, also, hope to be able to transcend our criminal legislation, combining with the scope of the United Nations convention against corruption, find out the way to solve issues, in order to make our country to bribery case evidence system research has more practical meaning and operability.This paper studies the main methods of comparative method choice, in combination with case analysis and empirical research method. Through the comparison of the approach to understand international treat bribery case investigation and collection of evidence, and attitude and basic practice our criminal evidence system realize the imperfections of bribery case, put forward to solve the problem of evidence in the criminal evidence law shall be prescribed by the core, meanwhile, shall be for the provisions of the criminal evidence law beyond China, combined with the United Nations convention against corruption, seeking to relatively complete, is administrative solution for our criminal evidence for the improvement of the legislation is more reasonable and more scientific ideas and solutions. Through the case analysis and empirical survey of the research methods, with China’s judicial practice existing in bribery case evidence, and puts forward the specific problem is operable countermeasures.In carefully analyzed the scholars, based on the existing achievements by mentor of meticulous guidance and modification, identified himself research bribery case evidence the main contents and ideas. Firstly, from their own particularity of the bribery case based on the evidence forms and features of understanding and analysis. Due to the general bribery case was defined as a high IQ crime, and guilty, little evidence from the perspective, evidence of bribery case is different from general evidence the particularity of the evidence. Secondly, in bribery case began research evidence collection problems. Bribery case evidence collection problem is already long plagued the country judicial practice, the paper will be a problem from the judicial practice, based on the specific problems existing evidence collection for bribery case provides a feasible path. Finally, combined with the United Nations convention against corruption, design a relatively complete bribery case evidence institutional framework.Bribery case evidence system research priorities have two. One is the bribery case evidence collection and fixed,2it is trying to find a scientific proof standard. Among them the second problem is the key. This article from the above two key issues breakthrough. First, the evidence in bribery case strictly "mode break corroborated proof". In judging the evidence, the evidence for ascertaining the facts for mutual seal, otherwise very strict request is considered sufficient evidence, this is a kind of high standards of proof. However, such a high standard in evidence collection practice is often difficult to achieve. Especially bribery such "one-on-one" case, more difficult to obtain evidence corroborated sex, causing in practice, even if there is some circumstantial evidence, also have briber statement, but not if the seal of bribee, namely the key "one-on-one" plot, the judge also dare not ruling establishment bribery. Therefore, this article put forward in bribery case on the standards of proof, breaking the strict "confirm proof" mode, in bribery case out of "evidence really, fully" standard existing problems, using "exclude reasonable doubt" and "inner sure" standard to form more scientific and effective standards of proof. Secondly, analysis bribes to witnesses, the defendant presumption, stain shall bear the burden of proof, habits not evidence, the evidence rules, in combination with a special legislative and judicial practice, constructing the special evidence about bribery case established stain witness system system. The United Nations convention against corruption to the provisions of article37of the important enlightenment in evidence legislation is to establish "stain, witnesses" system. Due to the bribery crime behavior very secluded and bribery crime is very difficult, and bribery confession forensics have quite a bit of cultural degree either with certain legal knowledge and rich social experience, anti reconnaissance capability is strong, and bribery party often is helpless, has certain forced sex, therefore, establish the above-mentioned evidence rules very realistic necessity.