Study On The Immunity System Of Tainted Witness In Bribery Cases In China

The "zero tolerance" punishment for corruption has made great achievements,but the crime situation remains grim.The author randomly collected 134 typical bribery case,the statistical analysis found that exist in the punishment of bribery crime crime long incubation period,way more secretive diversification and solve cases rely heavily on higher probability of criminal testimony and witness confession,tense judicial resources are difficult to deal with the crime of this situation as well as to the briber and the recipient sentencing confusion,and many other problems.Although our criminal law provisions of the briber special surrenders system and legal sentencing plot merit,and frankly,but the system of criminal immunity strength is not enough to fast break iron union formed between the briber and the recipient.A crime exemption for a tainted witness can quickly break the criminal's psychological defense and obtain critical evidence.The establishment of a series of protection crimes suspects or the rights of the defendant in China;The establishment of the law of special forgiveness of the bribe payer;The exemption of the tainted witness complies with the substance of the criminal policy of "mercy and mercy";Exemptions for briber crimes in the judicial practice of practices and environment in the judicial reform at present stage,and many other factors of bribery crime in our country the establishment of witness immunity system provides the feasibility of legislation and judicature.Outside the legislative and judicial experience for the construction of bribery crime witness exemption system in China provides a wealth of experience,its a lot of beneficial ingredient is worth our country to draw lessons from them.Stain witness crimes should be adopted for the exemption from bribery cases in China,on the exemption conditions and procedures should be strictly controlled,consummates our country the protection of witnesses and their near relatives measures as well as the perfection of related systems.