贿赂犯罪中设置推定规则浅析

Analysis on Setting Presumption Regulation in Bribery Crime

当前司法机关打击职务犯罪的形势依然严峻,很多贿赂犯罪由于事实不清、证据不足而无法被追究刑事责任。我国应当参考国外立法经验,在法律层面对贿赂犯罪设置推定规则,降低犯罪证明标准。由于推定规则有侵犯嫌疑人人权的可能,应当严格限制其适用范围和条件,从而兼顾惩罚犯罪与保障人权的价值追求。

The current situation is still severe for judicial organs in fighting against duty crimes and many bribery crimes cannot be held criminally responsible due to unclear facts and insufficient evidence. We should learn from foreign legislative experience,set presumption regulation in bribery crime at the legal level,and lower the proof standard of crime. As it is possible for presumption regulation to violate the human rights of suspects,we should strictly limit its scope and conditions of application so as to punish crimes and protect human rights.