腐败犯罪追诉中推定规则的构建-刑事诉讼法专业论文.docxVIP

Abstract The crime of corruption taking power-money deal as the core is the target that countries all over the world have been hitting greatly. With an increase of the amount of money involved in the case of some corrupt crimes, soaring of the personnel posts concerning the case, how to take strong measures against the corrupt crimes fast and accurately, and to show the resolution of our country to fight against corruption and encourage honesty, have become a great concern for our people. However, due to the strong anti-investigation ability and the power privilege possessed by the actors in the crimes of corruption, and the complex characteristics of the evidences of the cases, it is a very challenging task to collect the evidences and to apply them. The traditional criminal principles and systems of our country are unable to prosecute the crimes and punish the corruptions smoothly, particularly in such an imperfect evidence system in China. Therefore, without the support of the special evidence system, it is impossible to prosecuting the crimes of corruption satisfactorily. Anti-Corruption Convention of the United Nations has come into force and offered the important legislative authority for prosecuting the corrupt crime, in which the provision on inferring becomes the important means to solve this difficult problem. Inferring is a special evidence rule based on the premise that the basic facts are established. Many countries and regions such as Singapore, India, U.S.A. and Hong Kong all have exact regulations on inferring , which is applied in many fields such as the subjective elements of crime to meet the requirements of pursuing efficiency value, just value and social values, and to be adjusted to the basic demands for prosecuting the crimes of corruption. Thus, inferring can be applied in many aspects of prosecuting the crimes of corruption. However, because inferring is different from proving the case facts directly with the evidences, and inferring itself