Problems And Countermeasures Of Investigation Of Evidence About Bribery Crime

The subject of bribery crime is national staff, such crime corrodes national body, which is serious harmful. The objects of proof are the facts of the conviction and the facts of sentence. The facts of conviction refer to the facts of constitutive requirement of the bribery crime. Thus, the investigation of evidence of bribery crime is closely linked to the constitutive requirement of the bribery crime.The bribery crime is a special job-related crime, the criminal behavior of bribery crime is generally in covert state, therefore, the investigation of bribery have different characteristics from other type of crime. I argue that the differences mainly are that the way of the investigation is single, hidden and fragile.The particularity of evidence and our current system make the procuratorial organs’work of the investigation of evidence face many problems. The main problems are that paradox exists between value confessions and confessions are difficult to obtain, the evidence is difficult to fixed, the protection of the legitimate rights and interests of criminal suspects are not in place.The reasons of the above problems are that the investigation idea is heavy entity light procedure, the investigation thought is "from confession to evidence", the statutes of investigation are imperfect, in this regard, first, the preliminary investigation system has defects. Second, system does not provide protection to witness. Third, system lacks bribery constructive system.Countermeasures to improve the investigation of evidence can be divided into two areas. In the preliminary investigation, first, we must establish "steady’"accurate","fast" principle. Second, we should acknowledge the effectiveness of the material evidence in the preliminary investigation. In the investigation of evidence, we should pay attention to the coercive measures timely and properly, focus on the use of a variety of investigative methods of the trial phase, start from the bribe or extorted party to carry out the investigation, through effective measures, to obtain additional evidence, use of technological measures reasonably, establish and improve the witness protection system, establish and perfect the system of evidence preservation, use the polygraph technology in necessary condition. In addition, we should explore the mode of combination of confession and evidence.To improve the problem of the investigation of evidence about the bribery crime, except some countermeasures in link of investigation of evidence, we should establish special rules of evidence based on the special nature of the evidence about the bribery crime.If the above measures to improve the investigation of evidence are from the internal, then the special rules of evidence are from external to improve the investigation of evidence. I believe that the special rules of evidence of the bribery crime constitute of bribery constructive system and the system of tainted witnesses.