Theory Of Briber To Testify The System Construction And Applicable In Our Country

"One-on-one" involution cirme based on birbery cirme, the characteirstics of strongconfidentiality, our country has formed a "check birbery, birbery" pattenr of the enterpirse,and our country "cirminal law" provisions of the second paragraph of article390，"the birberactive account birbery before being prosecuted; can be mitigated punishment or be exemptedfrom punishment" is a strategy to form the most direct legislative basis. In addition，due topower rent-seeking of public power corruption, the social public opinion to the powerfulleading cadres increasingly louder call bribe-takers punishment. With the popularization ofjudicial practice, the concept of "absolute justice" and "justice?’ of the conversion for theformation of the judicial policy also provides the cultural security.Although do birbery "light" the formation of-this working way in our country have acertain inevitability, but in the birbery cirme in judicial practice, carried to avoid someproblems: the provisions of article390of the cirminal law and the general, complex, and therelationship between the many other related regulations of birber to expose the nature of theinvolution birbery, concluded that there are also many disputes. In probing the practice ofbirbery cirme, probing authority when giving policy commitments tend to lack of reliablelegal basis, and violated the only court has immunity theory of modern cirminal procedure,and commitment to the lack of a reliable guarantee, otfen make the "cirminal law" the390thembarrassing.Birber testify trading has been used many times, although in the judicial practice, but stillneed to clearly establish the birber to testify trading system in China, to resolve andstandardize the case-handling organ in probing encounter all sorts of dilemmas of birberycirme in our country. Apply birber testify trading is not only the requirement of judicialpractice in our country, is the choice of economic reality investigation conditions, but alsoconforms to the points and the legislative spirit of cirminal law in our country, conforms tothe development trend of international cirminal justice.On the detailed analysis of the second paragraph of article390Of the criminal law andcirminal law，between the general and many other related law, on the basis of the complexrelationship between birber expose convolution can be found under a law the legal nature of birbery presents a vairety of properties that all kinds of statements are there certainvulnerabilities, and this is the second paragraph of article390Of the criminal law the keyproblems in the judicial practice，one should focus on the use of judicial practice and thebenign interaction between the legal norms, guide the birber "witness" status by the fact thatenter the specification, bridging the birber judicial handling tensions between legal norms andjudicial practice.Establish the birber to testify system in China, the need of reference and draw lessonsrfom foreign "witness testimony exemption system", combining with our country’s cirminallegislation and cirminal policy: In view of our country’s cirminal legislation and judicialsituation, for the immunity of witness should take criminal responsibility，the manner of therelease of evidence use exemption cannot achieve good effect. The tainted witness immunitysystem applicable scope of case should not be restircted，the immunity of witness should begive judges and prosecutors，by their discretion decide according to the cases and cirminal actof the comprehensive situation. To avoid the abuse of immunity, and may be set up byrestricting discretion and related supervision mechanism to control. In terms of programSettings, refer to the German court and procuratorate of negotiation mechanism, as well as thepeople’s procuratorate not to prosecute power combination in two ways, set up jointly bycourts and procuratorates exercise immunity mechanism, is to maintain the current legalrfamework and the judicial organs in the basis of the organization, the most feasible way ofbirber tainted witness immunity system application Settings. Existence is reasonable, thereshould be a benign interaction between legal norms and judicial practice, makes the birber’sstatus as a "witness" gradually by the fact that phase into the standard space.