Research On Evidence Confirmation Of Unit Bribery Crime

Based on the analysis of the status quo of judicial trial,this paper puts forward the general principles and specific rules of establishing the evidence of unit bribery crime.In addition to preface and conclusion,this paper is divided into three chapters,the main contents are as follows:The first chapter analyzes the general problems of the evidence of unit bribery.The court hearing on the unit bribery case,to be around the provisions of the criminal law unit bribery elements of the composition of the legal facts of the crime to determine.The basic evidence of the crime of unit bribery can be divided into evidence to prove the subject of the crime of bribery,evidence of the subjective aspect of the crime of bribery,and evidence of objective evidence of unit bribery.The evidence of unit bribery has the characteristics of singularity,concealment,volatility and indirectness.In the process of judicial trial,the scope of the evidence of the crime of unit bribery mainly includes three aspects:the judgment and judgment of the evidence ability and the judgment judgment of the evidence proof force and the judgment judgment of the evidence operation procedure.The second chapter studies the case judgment of 403 units of bribery cases in our country in 2016,and analyzes the status of the judge's judgment and judgment.The study found that in all the types of evidence,witness testimony,the defendant's confession and documentary evidence is the most common evidence.In the majority of cases,the defendant and the defendant did not raise any objection to the evidence submitted by the public prosecution authority.The main reason for denying the validity of the evidence was that the defendant's guilty confession was not lawful,the authenticity of the witness testimony was denied,The authenticity and relevance.And the prosecution of the defendant submitted by the majority of the evidence submitted to the objection,the request should not be accepted.The authenticity,legality and relevance of the evidence submitted by the court to the public prosecution authorities are basically recognized,and only a small part of the new evidence material submitted to the court is certified.China's court finds that the evidence of unit bribery has the problem of courtroom blame,formalization of evidence and cross-examination procedure,and evidence of emptyness.In the third chapter,the general principles and specific rules of the evidence of unit bribery are studied.In this paper,the judge should carry out the judgment as the center,play the decision in the evidence of the decision-making role in the process of litigation in a comprehensive and objective review of evidence;the use of logical rules and empirical rules to analyze the evidence to form an inner conscience;Procedural law stipulates evidence.In the application of specific rules,this paper proposes that judges should use illegal evidence to exclude the rules,evidence to confirm the rules of each other,the rules for the reinforcement of the evidence to strengthen the identification of evidence.