| Our government has all long assumed an attitude of fighting crimes with high pressure to corruption crimes.Since the 18 th CPC National Congress,the government has imposed unprecedented force on anti-corruption.Not only has the government dealt with “flies-type” corruption criminals,but also it has investigated and handled a large group of influential “tiger-type” senior officials.However,facing with the particularity of corruption crimes,there are a number of difficulties in judicial practice.In order to promote smooth advancement of the cases,the judicial practitioners have constantly develop their own talent and wisdom and creatively adopted extrajudicial measures to solve dilemmas in investigating corruption crimes.It includes extort confessions by torture,questioning at an appointed time and place and striving for cooperation of the stain witness.The stain witness has played an extremely significant role in corruption cases,while it has been without law basis and at the state of underground operation.In this regard,the academic circles have not paid much attention to it.The existing research results just mainly introduce and comment the overseas stain witness system and experience,and few are empirical researches of the corruption case stain witness in the judicial practice of China.Through concluding and analyzing the present situation of corruption case stain witness in judicial practice of China,we can find there are four basic rules of corruption case stain witness: Firstly,mostly existing in major difficult corruption cases;Secondly,mostly starting at the stage of investigation or before filing;Thirdly,most be the accessory criminals or the bribery criminals;Fourthly,mostly obtaining the “consideration” of judicial authority.The reasons why the corruption case stain witness in China can be generated and developed in the judicial practice are that the stain witness in corruption cases can moderate the internal contradictions of the criminal law and sole dilemmas of corruption.Of course,it relies on the support from legal space,innovation of criminal procedure theories,and overseas experience.Anyone who is familiar with judicial practice knows,the stain witness in China's corruption cases plays a role in finding clues of corruption crimes,providing crime evidence and breaking psychological defense of prime culprit.However,it exists problems such as legal vacancy and supervision deficiency for the corruption cases stain witness in the judicial practice.In order to balance contradictions between human rights' protection and punishing crimes,between fairness and justice and efficiency cost,and between the corruption characteristics and criminal investigation capability,it is necessary for our government to construct a set of stain witness system of corruption cases adapting to the situation of China.And it is feasible in the aspects of theory,legislation and judicature to establish China's own stain witness system of corruption cases.As a criminal proceeding which can directly affect the implementation of penalty power,the stain witness of corruption cases changes the litigation position,rights and obligations a lot.Therefore,it must be limited by the proportionality principle,judicial authorization principle and corroborative evidence principle;and at the same time,the application range,exemption types and application procedures of China's stain witness of corruption cases are supposed to be controlled in a strict way so as to guarantee the operation of stain witness system in the acceptable range. |
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