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Onapplying Regenerate Evidence to Cases of Corruption and Bribery

Author: ZhangJiaZuo
Tutor: HouDeFu
School: Liaoning University
Course: Legal
Keywords: Evidence of Regeneration Counter Investigation Act Investigative Strategy
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 68
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Abstract


With the increasing force of anti-corruption and bribery in our country, some judicature workers who engage in the front line of anti-corruption firstly put forward the concept of”regenerate evidence”, which is based on their practical working experiences. This is an entire creating concept, thus the comprehensive theoretical explanation to it and the problems relate are urgent and much significant. These years, the crime means of corruption and bribery are becoming more and more complicated and the behavior is becoming more and more hidden and the crime scene is unclear. Anti-corruption and bribery cases, especially the latter, are lack of evidence and other collateral evidence. Apart from this, the suspects usually use their right and power to avoid the investigation and lawsuit, which will hinder the investigating work. However, at the same time, all the anti-investigation activities committed by suspects always need some kinds of behavior. The suspects’trying to cover the original criminal facts could generate new evidence, which can help the investigators to get a development in the case, known as”regenerate evidence”. Regenerate evidence which originate from judicial practice and serve the justice enriches the category of criminal procedure in our country. However, there is no clear boundary to define it in legislation. In order to bring the regenerate evidence to effect, the writer wants to introduce the concept of regenerate evidence and to define it by cases. Furthermore, with the representative corruption cases, the apply of regenerate evidence in such circumstance is deduced. This paper starts with the existing form of regenerate evidence in cases of corruption, then discusses its collection and application and transformation during the process. The concrete cases are discussed to increase the conviction of this paper. Although the regenerate evidence plays a positive role in judicial practice, it is not the legal forms of evidence. Thus it should be treated carefully when using it, otherwise it could lead to unfair procedures. Judicature workers should distinguish the cases that need regenerate evidence from the common ones, and form the detection consciousness and collect effectively. Owing to that regenerate evidence is kind of indirect evidence, it cannot be used as determination criterion. Only form or compensate the chain with other evidence can it be used to determine the facts of a case .

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