The Research On Standards Of Proof In Bribery Cases

The standard of proof in criminal procedure indicates a legal requirement, which the subject of burden of proof in criminal procedure advocated by the evidence. Embodied in the substance value, it decides substantive processing in the event that same amount of evidence and probative force. Embodied in the procedural value, it shows the completion of the proof task and the dissolution of the burden of proof. Using the proof standard correctly is the core and key of determination of cases and the crime. At the present, the standard of proof in criminal cases is "the facts is clear, the evidences are sufficient" in China. The amendment to the criminal procedural law in2012include a further refinement on "the evidences are sufficient"."Beyond a reasonable doubt" is intended to be the auxiliary standard which the judicial staff assess the evidence and determine facts.As a kind of criminal cases, bribery cases are apply to the standard of proof the criminal cases. But bribery cases have the characteristics of high concealment, complex relationships and anti-detection capability. If pursuit of objective truth blindly, or has a strong and special standard of proof of bribery cases, we will not conform with the judicial practice.The perfection of the standard of proof in bribery cases, which to the benefit of the judicial staff understand the crime of bribery evidences comprehensively. In the process of lawsuit, the judicial staff collect, review and judge the evidences by surrounding the idea of criminal law, in order to ensure determining characterization accurately and appropriate sentencing. In the same time, simplifying the proof system to the benefit of improving the efficiency of the lawsuit and saving the judicial resources.The perfection of the standard of proof in bribery cases must stick to the principles that are respecting the protection of human rights and fighting against crime, maneuverability, differences and the unity of objectivity and subjectivity. Clarify the standard of proof on the subject of crime and objective aspect of crime in bribery cases. Clarify the standard of proof on investigation, prosecution and adjudgement in bribery cases. Clarify the standard of proof on the legally prescribed circumstances of sentencing and discretionary circumstances, circumstances for liberal punishment and circumstances for severe punishment. In the same time, improve the auxiliary measures of the standard of proof in bribery cases, which are establishing the application of presumptive rule, lowering the standards of proof on non-basic facts or secondary facts appropriately, improving the office of the public prosecutors’ability of investigation and interrogation, reforming the irrationality of the responsibility evaluation system, etc.