新刑诉法背景下受贿案中行贿人翻证问题研究

行贿人的证言在受贿案件的证据体系中据有十分重要的地位,一旦行贿人翻证,与其证言相关的犯罪事实极有可能因无法做到“供证一致”而难以被认定。基于避免惩处危险、维护人际关系、平衡个体情感等特殊因素的考量,行贿人证言的稳定性相对较弱,其往往围绕案件的构成要件事实和取证程序等进行翻证。修改后的刑事诉讼法进一步完善了刑事证据制度、辩护制度等诉讼制度,但同时也给司法机关应对行贿人的翻证问题带来了更大的挑战。为此,可从具体操作和制度设计两个层面做好相应的准备工作。

Research for the Overthrowing of Briber's Testimony in the Bribery Case Under the Background of the New Criminal Procedure law

The briber＇s testimony plays an important role in the evidence system of bribery case and if one briber overthrow his testimony, the related crime may can＇t be ascertained very likely duo to having not achieving correspondence between declaration and testimony. The stability of the briber＇s testimony is comparatively weak for the reason of avoiding punishment risk, maintaining relationships, balancing individual emotion and other factors. They often overthrow their testimony by surrounding the crime component facts and procedure of obtaining evidence. The amended criminal procedure law has further improved the system of criminal evidence, the defense system and other litigation system. But meanwhile, it also brings more challenge to the judicial organ in dealing with that problem. Therefore, we can do corresponding preparation work from two aspects of concrete operation and system design.