Analysis On The Improvement Of Proof Mechanism For The Bribery Crime

The process of the criminal procedure is in essence a crime proof process, and application settings such as proof standard and proof mode should be based on the guarantee to discover criminal facts, and conform to object and reality of the investigation as much as possible. As a special criminal case, evidence for the crime of bribery has its own characteristics, namely, the evidence is hidden, changeable, and “inherently inadequate”, under the judicial background of regulating the investigation and evidence collection behavior, the current proof standard and proof mode in our country poses more stringent requirements for the proof of crime of bribery, namely, achieve the standard of “true and full evidence” through the “confirmation” of key evidence, which no doubt keeps the procuratorial organs’ investigation on crime of bribery at bay, requiring the adjustment and response to proof theory. In combination with the real cases in the judicial practice and in-depth analysis on evidence characteristics of bribery cases and the problems existing in the proof and the reasons therefor, this paper proposes countermeasures from the perspective of evidence of thinking, proof mode, proof standards and practice and application.This paper is composed of introduction, body and conclusion, about 16,000 words, in which the body is divided into the following three parts.Part One analyzes the characteristics of current proof on the crime of bribery. This part elaborates the characteristics of proof on the current crime of bribery from three aspects: one is the single proof means, that is, less proof means and even less direct evidence, lack of proof means mainly relying on words evidence, two is the unstable proof effect; and three is the understanding formula of proof requirements. The analysis on the characteristics paves the way for the detection of the problems.Part Two discusses the problems existing in current proof on the crime of bribery. In combination with judicial practice, this part deeply elaborates the main problems therein from the following four aspects: one is the too high proof requirement, two is overstress on evidence confirmation, three is unreasonable allocation of burden of proof and four is the informality of proof requirement with investigation practice, and the proof mechanism has influenced the crackdown and investigation of crime of bribery and it is urgent to make changes thereto.Part Three proposes the improvement on proof mechanism for crime of bribery. On the basis of in-depth analysis on the problems in proof of crime of bribery and in combination with judicial practice, this part proposes the means to improve proof mechanism for crime of bribery, including, one is to change relevant theories on proof, including the theories on proof means and proof theories, two is to weaken the reliance on evidence confirmation, reasonably share the burden of proof, regulate proof links and take “excluding reasonable doubt” as proof requirement, three is to improve relevant supporting system, namely, the written judgment takes moral conviction.