| Integrity test is a new kind system design for crime and corruption. It originated in theNew York City Police Department in America. Then it gradually expanded to the customs,taxation and other government departments in the fields of application. It is graduallyadopted by the Anglo American law system countries such as Australia and Canada. Civillaw countries have also taken a cautious attitude of acceptance of it. Most countries haveissued the corresponding implementation details for its regulation, such as the New YorkCity Police Department Integrity Testing Guide. These countries organize specialcommissions to evaluate the effect of integrity test in order to monitor these tests.Generally, integrity test is very effective to enhance the government integrity and combatduty crime, but in the process of implementation it is inevitable that there arecorresponding problems.As a system design, integrity test has a dual nature. It not only can be used as anormal early warning mechanism against duty crime, collecting the probity extent data ofrelated departments, and making up for the loopholes in the system, it also can be used asthe special investigative means of investigation in duty crime cases. Integrity test iscontroversial because it has positive significance and various risks. On the one handintegrity test can increase the crackdown on crime and corruption, strengthen the civilservants’ deterrence, dilemma of the system and technology to solve the problems in theduty crime investigation. On the other hand, integrity test can lead to political risk due topolitical persecution, suffer psychological harm and morale of public institutions and theirstaff, and there are legal risks of being denied due to procedural defects.Integrity test can be divided into random test and target test. Random test is suitableas a collection of corrupt data, founding and improving the loopholes in the system. Targettest is suitable for use as a judicial investigation means. In the use of criminal litigation process the evidence from target test has many problems such as evidence legality,alternative evidence and defense situation.We can legislate integrity test in our country when we introduce it, which provides alegal basis for the implementation of it. We can regulate integrity test through all the legalprinciples, including statutory subject principle, to enhance the legitimacyand acceptability. It is more important to formulate detailed rules for implementation ofintegrity test, and according to the problems appeared abroad, to make targetedadjustments in order to adapt to the situation of our country. We should also develop thecorresponding rules of evidence of target test in criminal litigation in order to realize thegoal and significance of integrity test system--acting against crime and corruption. |
