On Construction Of The Criminal Immunity Of Briber In Bribery Crimes Case

The criminal immunity of briber is the Stain Witness criminal immunity essencel. According to the Japanese jurists Taguchi Mocha interpretation, criminal immunity of tainted witness system is "based on the evidence necessary self blame privilege and refused to Chen Shogun and thus cannot be confirmed the crime, the accomplice relationship one part person is exempted from criminal responsibility, deprived him of refusing to self inflicted privilege, forcing his statement, proved guilty by others his statement system". The Stain Witness System content is broader, applicable to all types of criminal cases, discusses the problem of criminal exemption system constructed in this paper only for legal proceedings bribery bribes people’s bank. Bribery criminal immunity system has its own value of justice, adopted by many countries in the world. The system is designed to use the limited judicial resources to ensure the prosecution of the crime of bribery. Special sex bribery case, the establishment of bribery criminal immunity system has more value than the application of this system in other cases.This paper is divided into four parts, the first part introduces the present situation, our country bribery case litigation problem, treatment of bribery, the cause of the predicament in reality is special evidence of bribery crime. And introduces the processing method of bribery provisions of the plight of the litigation in bribery crime and judicial practice and the reality of the. The second parts elaborates the legislative background and premise exempt system of criminal is the privilege against self incrimination, and generalizes the bribery criminal immunity system content. Discusses the bribery criminal immunity to the legal basis of the system of interest balance principle and the philosophical foundation of the philosophy of pragmatism. This paper introduces the current build bribery criminal immunity system of supporting and opposing points of view, and from China’s political ethics, the objective of criminal procedure, criminal punishment view demonstrates the feasibility of building a bribery criminal immunity system of litigation of bribery crime in china. The third part introduces the related system of Britain, Germany, America, and its application in the process of litigation in bribery crime, and the scope of exemption mode, comparison. The fourth part combines the actual situation of lawsuit bribe crime in our country, discusses the practical necessity to establish the bribery criminal immunity system in China, by drawing on foreign experience, put forward to establish the bribery criminal immunity system in our country bribery cases in litigation, in order to improve the strike legislation and judicial practice bribery serious reference our country.