Research On The Evidence Application Of Bribery Crime

Bribery crime is a special kind of crime.It always happens secretly,so the evidence presented is very limited.What’s more,the criminal suspect has a strong sense of counter-investigation,so the collection of evidence also becomes more difficult.As a result,it forms the situation of "one to one"in bribery crime.In the judicial practice,the investigators often put hopes on the oral confession of the suspect,regarding it as the breakthrough point of the case,but ignoring the collection of physical evidence.However,oral evidence has instability characteristics naturally,it has a very high probability for the defendant to deny the original oral confession in court.It will be hard to convict him if lacking in other evidence to support it.Besides,this method could lead to inquisition by torture which is contrary to the idea of the rule of law in our country.In order to solve the problem of "one to one" in bribery crime,the judicial practice in China pays more attention to bribe-taking but despise bribe-offering,trying to weaken the relationship between the briber and the recipient and make the briber identify the criminal act of the recipient by giving him a mitigated punishment.But the fact proves that this method also couldn’t solve the problem well.In addition,the proof standard in our country is too strict,which has conflict with the requirement for the probing of bribery crime.In this case,only by making suitable evidence rules and strengthen the application of evidence could we solve the problem of bribery crime fundamentally.In this article,basing on the research of domestic and foreign legislation and combining the actual conditions of our country,the author will put forward some proposals about the evidence application of bribery crime to make the bribery crime detected better.