An Empirical Research On Appling Oral Evidence In Bribery Cases

Since the eighty’s of last century, bribery offense has been the focus of anti-corruption. With the anti-corruption work gradually expand to the depth direction entity legislation on bribery crime continue to improve. However, the legislative process is relatively slow. This lag is mainly manifested in the lack of a complete application of the rules of evidence.Thus increasing the difficulty of verification, and affecting the crackdown on bribery crime. In recent years, with the process of China’s economic and social development continues to accelerate. Bribes also showing become more covert, criminal anti-detection capabilities have gradually upgraded. This led to difficulties to verify the bribery crime and use of evidence in practice. Judging from the judicial practice s, compared to ordinary criminal cases, evidence of bribery cases is mainly oral evidence. Therefore, this article intends to conduct a research on the application of oral evidence in bribery cases.This paper is divided into four sections, a total of two thousand words.The first chapter discusses the application of oral evidence in the status quo in the bribery cases. Through the way of questionnaires, individual interviews, access files, to conduct a research on the practice of oral evidence use in bribery cases handled by Prosecutors and courts of Z city.Chapter Ⅱ try to explore the problems in the practice of applying oral evidence, which is based on the research on bribery cases. The present situation of oral evidence use in bribery cases following these problems: First, the use of " One to one" evidence bares a lot of pressure,in the situation of Evidence of guilt and innocence evidence, evidence of a felony and misdemeanor evidence both appears to be " one to one", it is difficult to admissible the oral evidence. Second, there is many obstructions in the exclusion of illegal evidence; Third, the high rate of retracting confession, and the lack of evidence rules causes difficulty in choose between testimony in court and pre-trial confessions. Fourth, the phenomenon of witness does not appear in court has not improved, bribers in court always change their testimonies, and a large number of written testimony are admissible.Chapter Ⅲ try to explore the reasons of those problems in using oral evidence of bribe cases. Among them, the main reason of hard to identify "one to one" evidence is that most "one to one" evidence is orally, it’s difficult to Confirms its authenticity. In addition, the high requirement of proof standard is also one of the reasons. The difficulty of excluding illegal evidence is mainly because it is hard to identify the illegal evidence and to stat up the exclusion proceeding. The legislations not yet clear the ability of pre-trial evidence and relevant evidence rules cause those problems in using confessions and testimonies.Chapter Ⅳput forward some specific ideas on how to sound the using of oral evidence in bribery cases. Which mainly proposals from three aspects: One is to strengthen the role of the general rules of evidence in the use of oral evidence; Second, to draw the special evidence rules applying in bribery criminal cases from extraterritorial; Third, to improve related measures, such as to sound or establish a series of evidence rules, and to establish the prove standards applying in bribery cases.