Study On The System Of The Transaction Of Investigation And Debate In Bribery Cases

At present, Bribery Crime Presents tends to occur frequently, Which has been impacting the order of Socialism Market Economy. But Bribery Crime has not been effectively restrained due to incomplete investigation means, limited investigation technology, etc. To strike the Bribery Crime most effectively, the procuratorial organs spontaneously form the Transaction of Investigation and Debate with "Plea Transaction feature", when they deal with bribery cases, There is still not enough academic research on this kind of conducts at present?This thesis aims to solve the possible problems in applying the transaction of investigation and debate in bribery cases through summarizing characteristics of bribery crime, considering the feasibility and necessity to apply the transaction of investigation and debate in bribery cases,analyzing the possible problems in applying the transaction of investigation and debate, and designing the system of the transaction of investigation and debate. So this thesis has certain practical significance. This thesis includes five parts.The first part is the profile of Bribery Crime. this part is consists of the general situation of Bribery Crime in China in the past three years, the characteristics of Bribery Crime and the investigation of bribery crimes.The second part is the introduction of the transaction of investigation and debate. This part to considers its purpose, time, subjects, content to define the transaction of investigation and debate in bribery cases. This part also analyzes the differences between the transaction of investigation and debate and American Plea Transaction in terms of legal status,trading content, the emphasis of purpose, subjects of application,and supervision mechanism, etc.The third part is research on feasibility and necessity to introduce the transaction of investigation and debate to investigation of bribery cases. This part mainly supports the feasibility from the value of laws, implementations of laws, existing laws and regulations, and the policy combining punishment with leniency, etc. This part also supports the necessity to introduce the transaction of investigation and debate from the difficulties to spot bribery cases, saving the judicial cost, expanding the striking scope, avoiding the risk of reducing law enforcement agencies'credibility, and strengthening the protection of human rights, etc.The fourth part is the dilemma in the introduction of the transaction of investigation and debate in bribery cases.This part analyzes the conflicts between the transaction of investigation and debate and the Criminal Law Theory in terms of presumption of innocence, assignment of evidence, and the court with exclusive rights, etc. This part points out the possible problems which are caused by the introduction of the transaction of investigation and debate in bribery cases.The thesis puts forward the probable problems from three aspects, which are abuse of the transaction of investigation and debate,transaction results violating the principle of justice, and the possibility of new judicial corruption.The fifth part is the conception about the system of the transaction of investigation and debate in bribery cases. It discussed the dilemma, which results from the introduction of the transaction of investigation and debate.perfecting corresponding regulations,enhancing the quality of relevant policeman and judge and designing the specific routines of the Transaction of Investigation and Debate.