Discussion On Establishment Of Stainwitness Of Bribery Immunity System In China

The crime of bribery is not the Chinese characteristics, but a common problem all over the world, which was regulated in the UN Convention against Corruption. And China, as one of its earliest contracting states, has specific regulations in the criminal law about the system that the criminal suspect shall be given a lighter or mitigated punishment or exempted from punishment, if the suspect make a truthful confession, surrender himself/herself to the law voluntarily or render meritorious service. But that is different from the Immunity of Tainted Witness System.You can find cases about the Immunity of Tainted Witness System in judicial practice, but they are lacking in legal basis. In other words, China currently hasn’t passed through the system in legislation.From the perspectives of the current bribery situation, characteristics and the difficulties in cracking on bribery, this paper discusses the unique characteristics and positive meaning of the Immunity of Tainted Witness System through analyzing the concept and legal value of the Immunity of Tainted Witness System and making comparisons about the differences between the Immunity of Tainted Witness System and the truthful confessions, voluntarily surrendering himself/herself to the law, rendering meritorious service and other regulationsin and the Criminal Procedure Law and the differences between the tainted witness and the criminal suspect, defendants and witness.On the basis, the paperstudies the characteristics and running model of the Immunity of Tainted Witness System in typical states and regions like America and the UK. Also, it takes into account the judicial practices of investigating bribery cases at the current stage in China, especially the common problems of difficulties in finding-out,breakthrough and collecting evidence in the process of my participation in the investigation to expound the importance and necessity of investigating bribery effectively. Finally, this paper puts forward the conception of establishing the Immunity of Tainted Witness System in the cracking on bribery.