试论在贿赂案件中引入污点证人豁免制度

On Use oft the Stained-witness Immunity Principlein Bribery Case

取证难已成为我国检察机关办理贿赂案件面临的重大难题,为了取得行受贿双方的供述,侦查人员往往费尽周折,结果却不尽人意,甚至有时还会发生刑讯逼供等违法侦查现象。污点证人豁免制度能够巧妙地利用行受贿双方之间的矛盾,取得供述,从而节约诉讼成本,提高诉讼效率,很好地解决这一问题。

It has been a big problem for the prosecutorial in our country to obtain proofs for bribery cases. Most often, the prosecutorial personnel have to rack their brains in order to win confessions of both the briber and the bribee. Occasionally, they might even exercise such illegal practice as extorting a confession by torturing the suspect. This problem may well be solved by introducing the principle of stained-witness immunity, which can subtly exploit the contradiction between the briber and the bribee, thus saving the lawsuit costs and boosting the efficiency of litigation.