Research On Proof Mode Of Default Trial In Corruption And Bribery Crimes

After the amendment of the Criminal Procedure Law,we broke through the traditional trial structure of “adversarial trials” and established the strict default trial system for the first time.The current legislation of absent trial system is rude,and the revised Criminal Procedure Law has no specific provisions on the core of criminal proceedings-criminal certification.As a result,absent trials rely on the traditional proof mode.The absence of a confession absence trial system will inevitably have a disruptive effect on the traditional criminal certification model built around confession.Faced with the actual situation of lack of confession,lack of evidence collection,insufficient strength of the trial panel,and obstacles to the factual identification of the case,as well as the smooth implementation of the international anticorruption system of pursuing and stolen goods,it is necessary for proof model to rational reconstruction.In addition to the introduction,this article is divided into three parts.The first part is to sort out the characteristics of the traditional proof mode in our corruption and bribery cases.In the case of corruption and bribery,the traditional certification model presents the basic characteristics of confession-centeredness,inadequate use of indirect evidence,application of corroborative certification methods,and objectification of certification standards.The second part mainly describes the impact of the default trial system on the traditional proof mode.First,the default trial procedure sets strict starting conditions.The fact that the trial procedure was initiated has become the object of new proof.Second,in absentia trials,the final evidence lacks confession,and due to the investigation mode of "from confession to evidence",other evidence is difficult to obtain.As a result,the traditional evidence structure is facing changes.At the same time,the traditional methods of corroboration and certification and the judgment of objective certification standards around confessions will also be impacted.Third,with the establishment of a lawyer's compulsory defense system in absentia trials,defense lawyers 'participation in evidence collection activities will affect traditional evidence review and determination methods,and their participation in cross-examination activities during court trials will also affect judges' subjective judgment.Fourth,the retrial procedure established at the same time as the default trial system mainly plays a role in correcting default trials.It provides a space for the adjustment of the proof model to the huge adjustments made by default trials.Based on the above,the third part puts forward some ideas to reshape the model proof of corruption and bribery.First,the traditional "objective truth" proof goal needs to be adjusted to the "legal truth" goal.Secondly,the judiciary should improve the application of indirect evidence such as reproduction evidence,give play to the role of indirect evidence to independently prove the facts of the case,and improve the traditional method of corroboration.Thirdly,the legislation should adjust the traditional objective certification standard,reduce the objective standard certification standard to be “highly probabilistic,” and return to the subjective judgment priority.In addition,in view of other problems existing in the traditional certification model,remodeling the certification model should also be carried out in terms of increasing procedural facts,improving the witness system,strengthening the protection of lawyers' defense rights,and combing the rules of certification for retrial procedures.