The Research On The Bribery Crime Detective Mode Of "from Confession To Certification"

In addition to the introduction and conclusion,the thesis includes four parts.The first part is an interpretation of the detective mode of bribery crime.Containing three parts:the meaning of the detective mode of “from confession to certification” ? the characteristics of the detective mode of “from confession to certification”,and the practical significance of the detective mode of “from confession to certification”.The pattern should include four procedural elements:Investigation subject,investigation object,investigation mode,investigation rule.In the context of bribery investigation,the detective mode of “from confession to certification” is a method of investigating bribery by the procuratorial organs.In the way of collecting evidence,suspect's confession is a breakthrough point,accessing to bribery clues and facts,and then collecting other evidence.Bribery is a crime that revolves around power and deals with crime,usually only bribery and bribery both sides are informed.In the investigation practice,the investigation chain is long.Case breakthrough mainly rely on verbal evidence,especially bribery suspect's confession.The whole interrogation process is carried out in a closed manner,and the investigation is lack of effective supervision.With the advancement of the program and the involvement of external forces,the phenomenon of suspects overdue is widespread.However,under the existing legal environment in our country,the detective mode of “from confession to certification” can save the limited litigation resources and the investigation cost,correct the preconceptive subjective prejudice and promote the soundness of the criminal justice rules.The second part summarizes the shortcomings of the detective mode of bribery crime in China.Procuratorial organs in the investigation of bribery cases in the existence of the crime bias,too much attention and dependent on the suspect's confession,easily lead to torture,the suspect's procedural rights are not guaranteed;The two sides can not form an effective confrontation,aggravated the status of reconciliation;Causing the suspect to make false statements,the authenticity of the case affected;Increase the cost of investigation,making the limited judicial resources more tense.The third part is an analysis of the root causes of the bribery crime detective mode.The principle of "mutual cooperation and mutual restraint" in the public security law has changed its shape in the judicial practice,with more than the restriction,the public prosecution organ and the judicial organ have become the accomplice of the investigating organ.The rights of the suspect and the defendant are nowhere to be done.In the long-standing "to obtain the confession as the center,to seal the confession for the supplement" of the oral and habits,as well as a single means of investigation under the combined action led to the formation of the above drawbacks.The fourth part is the transformation of China's bribery crime detective model of transformation.Combined with the ongoing reform of the trial center system of litigation,proposed to improve China's bribery investigation mechanism of the path,including the real conditions :The reform of the litigation system centered on the trial,the promotion of lawyers in the process of the rule of law,the continuous innovation of science and technology,the development of the extrajudicial criminal procedure.And the specific path:Change the concept of investigation,establish the legal community awareness;enhance the ability of vocational investigation,strengthen the investigation team building;establish a sense of human rights.Improve the criminal defense mechanism,strengthen the professional protection of lawyers;improve the investigators to testify in court system,build a benign relationship between the investigation and defense,establish the official property publicity system.