Discussion On Legislative Establishment Of Rules Of Bribery Presumption

In recent years,with continuous increase in anti-corruption efforts made by China,the corruption problem has been suppressed to a certain degree.However,facing huge economic benefits and for the purpose of seeking selfish interests,some perpetrators have been making use of legal loopholes in the existing laws and regulations of China,abusing the public power and “committing corruption against the main trend” without consideration of images of state organs.Crimes of corruption and bribery have been becoming increasingly rampant and some civil servants took bribes recklessly,giving no consideration to the integrity required by their positions.In those cases investigated in recent years,new means of committing crime have been emerging and becoming increasingly concealed and resistant,due to which there is a huge difficulty and challenge in evidence collection for these cases during investigation.Therefore,based on the particularity of evidences of bribery crimes,such as single form of existence of evidences,relatively severe instability of such evidences and excessive dependence on confession in the entire litigation link,it is very easy for criminal suspects and defendants to withdraw a confession in the links of litigation and trial.With the existing rules of evidence in China,it is very difficult to bring each perpetrator to justice according to law.Since the beginning of the 20 th century,bribery presumption has been playing an extremely important role in the global anti-corruption struggle.As for this issue,there are many disputes in the academic circles of China,such as what’s the relationship between rules of bribery presumption and presumption of innocence,what’s the difference between the legal effects resulted from application of rules of bribery presumption and crime of holding a huge amount of property with unidentified sources,how to distribute burden of proof between the prosecuting party and the defending party,scope of application of rules of bribery presumption and how to restrict application of bribery presumption.Therefore,with consideration of these issues and with reference to precedents of rules of bribery presumption in Hong Kong,China and other countries,an exploration on establishing rules of bribery presumption suitable for national conditions of China is conducted in this paper from various perspectives based on the existing laws of China and those typical cases involving crime of bribery in China in order to solve some difficult problems in crime of bribery,such as determination of “joint crime of bribery” of certain related parties and difficulty in collecting evidences for “one-to-one” bribery cases.In addition,some suggestions on scope and conditions of application of rules of bribery presumption are put forward,through which some problems such as difficulty in evidence collection,application and determination in cases of bribery crime can thus be solved in an effective way.It is hoped that a new point of breakthrough can be found in the process of investigating bribery crimes and various goals including realization of a balance between effective punishment on crimes and protection of fundamental rights of criminal suspects and defendants,reduction of litigation cost,improvement of judicial efficiency and maintenance of social order in the entire process of litigation can be reached for the purpose of convoying the steady and fast economic development of China.