Research On The Presumption In Corruption Crime

Corruption crime is more difficult to sentence to punish than the other crimes because of committing crime is easy to hidden,obtaining evidence is difficulty,society harmfulness is great.Proof method of evidence is more and more hard to relieve the nervous relationship between the cost and efficiency of cracking down on corruptions and strong expectation of social public.As another proof method,presumption has become up-and-coming in corruption criminal cases like a seed of tree has grown in the soil which has been formated by the nervous relationship.Presumption in corruption crime based on evidence is distinguish from proof method of evidence which admits the principle of evidence judgment as status of the foundation stone in proof of criminal procedure.Proof method of presumption plays an important role in what proof method of evidence is difficult to continue.The present paper systematically introduced the problems such as concept,origin and value of presumption in corruption crime etc.The legitimacy of presumption in corruption crime was triangulated the position by elaborating the value orientation,truth of fact,demands of cleaness to public officers.This article emphasized the relation between presumption in corruption crime and burden of proof,specific answered the exception of burden of proof,part of burden of proof the accused need take,distribution of burden of proof the presumption affect and the degree of proof of rebut.Standard of proof not reduced by presumption was further demonstrated.The conflict and possibility of harmony between presumption in corruption crime and of innocence was discussed.The preliminary assumption was taken out about establish and application of presumption in corruption crime.