The Amendment(Ⅻ)to the Criminal Law embodies the spirit of'investigating bribery and bribery together',but the'three nots'characteristics of bribery cases include no victim crime,no verifiable crime scene,and most cases have no witnesses.The judicial proof of bribery cases faces significant challenges:'one-on-one evidence,mainly relying on verbal evidence to determine the case,difficult to exclude illegal evidence,difficult to test judicial proof errors,and the fact determination of bribery cases has strong probative power for bribery cases.'To alleviate the difficulty of proof,this article mainly discusses from eleven aspects:first,pay attention to collecting the'heavier'bribery crimes stipulated in Amendment(Ⅻ)of the Criminal Law evidence of punishment;The second is to use the institutional space provided by confession and punishment to incentivize bribe givers in exchange for their confession and punishment;Thirdly,focus on collecting objective evidence;The fourth is the creation and application of'regenerative evidence';Fifth,pay attention to fixed verbal evidence recorded in videos;Sixth,key witnesses should appear in court to testify,and their testimony must be subject to court examination;The seventh is the issue of factual determination when both the briber and the bribe taker deny it;The eighth issue is the determination of facts when the statements of the briber and the bribe taker are inconsistent;The ninth issue is the factual determination of the bribe giver's confession retraction;The tenth point is that in cases of bribery,presumption cannot be applied to lower the standard of proof,and reasoning is used instead of presumption in the proof of bribery cases;Eleven is the application of empirical rules in proving bribery cases.
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