Research For Several Problems Of The Evidences In Bribery Crimes

In this paper, I collected prosecutors’data of corruption and bribery, as well as made longitudinal and lateral comparisons. Through the empirical research of the bribery, including both giving and taking of bribes, I realized that the penalties of this kind of criminals are week in China. Then, I collected, identified, and collated the documents based on the practice of the accountability for bribery. By studying both the domestic and foreign scholars’researches, I draw a conclusion of the evidences’characteristics and the difficulties during the investigation of these cases. As a result, I recognize that the reason leading to the weakness of penalties is the imperfect regulations system of penal evidence in our country. Accordingly, trying to find ways to curb the crime of bribery and improve the power of punishment, I propose to build the rules of presumption of bribery and impunity of the criminal witness, to improve the rules of corroborate the verbal evidence, also to use a reasonable system to convict these crimes.There are three parts in this paper:The first part displays the research on the current situation of prosecutors’ investigation on bribery cases and the reasons. Through vertical and horizontal comparison of the historical data, I analyzed the cases of bribery crimes, and recognized the weakness of penalties and found out the reason in the area of evidence.The second part is about characteristics of the evidences of bribery crimes and the difficulties to convict. In this part, I analyze the difficulties from many aspects, including the inadequate clews, the pale evidences, the complicate and broad range, the various and obscure methods, and the way to get, collect and prove evidences, by concluding the features of evidences such as singularity, relativity, inter-attestation and mutability.In the third part, I offer some suggestions to solve the problems by discussing the relative rules of penal evidence. It is composed by three aspects:firstly, improve the rules of corroborating the verbal evidence through corroborating the indirect evidences and special details, and full recording videos; secondly, perfect the rules of presumption the bribery, by limiting the range, conditions and transportation of responsibility to prove and set the consequences; thirdly, improve the impunity rules and protection of criminal witness, by limiting the range, targets and conditions. Meanwhile, it need us to balance the relationship of punishment and impunity, and to take the "funnel" filter way to analyze briberies using the rules of criminal evidence system. Only by this way can we punish the briberies at its beginning at the most, and decrease the range of "legitimate bribes" to the least.