Corruption And Bribery Crime Proof Rule Research

Corruption crime investigation dynamics enlarges unceasingly in our country at present stage, the anti-corruption struggle, a batch of a batch of embezzlement and bribery crime has been found, initiate a public prosecution, penalty discretion, from the bo xilai case before the trial of the end, to the nearest former member of the political bureau of the central zhou yongkang was indicted. We can see the country for any molecules is zero tolerance for corruption and found one is investigated, and also is no longer what people call the "punishment doesn’t go to the doctor" circumstances. This article is in the country to crack down on corruption under the circumstances of the crime of embezzlement and bribery crimes of proven rules were studied. The full text discusses from four aspects: The first part from the embezzlement and bribery crimes to prove the basis and purpose of rule research, has been clear about the embezzlement and bribery crime proof rule is researched and discussed in corruption and bribery crime prosecution of realistic difficulties encountered and brings forward requirements, this paper discusses the proof and evidence rules is not the same concept, the rules of proof in criminal procedure of judicial proof to follow the rules, including certificate objects, standards, the rules of the burden of proof. Study rules of corruption crime to prove its purpose is in order to perfect the procedure, find out the facts of the case, strengthening process control corruption and bribery crime. The second part discusses the proof of corruption crime object, because of corruption and bribery crime belongs to the category of duty crime, is a special kind of crime, its are different from ordinary criminal crime in the crime constitution, and has its own characteristics, this paper respectively for corruption and bribery crime subject, criminal object, criminal subjective aspect, crime objective aspects to prove that the object is studied and discussed, in an attempt to research proof of corruption crime object and other ordinary criminal prove the differences of object and the particularity of its own. The third part is the part of the essay focuses on the research, to the discussion of corruption crime proof standard, analyzes the current corruption crime on proof standard, and put forward the embezzlement and bribery crimes in proof standards should be distinguished with the ordinary criminal offenses and decreases; Set up the certificate standard progressive type hierarchy; "Illegal evidence" of corruption crime in the use of study; Focus on corruption and bribery crime proof in the application of the presumption rules. The fourth part discusses corruption crime is the burden of proof, the analysis of the concept and connotation of the burden of proof, put forward the embezzlement and bribery crimes turn and inverted burden of proof, and bear the burden of proof on the defendant to comb and research the causes and conditions. Finally based on testimony of witness immunity system is discussed, think in the special criminal corruption crime is necessary to establish the witness to testify exemption system, the establishment of this system is conducive to corruption and bribery crime proof, is helpful to the discovery of criminal facts and criminal suspects and defendants’ legal rights protection.