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当前司法实践中,贿赂案件由于其口供依赖性强,且存在一对一的状态,造成了难以取证,也难以追求其刑事责任,从而也导致了很多腐败分子逃避法律制裁。因此有学者提出在贿赂案件当中,某种证据情形达到之下对贿赂案件当事人实行举证责任倒置的推定做法。笔者就此进行既存事实状态下贿赂推定的司法可行性探析。
In the current judicial practice, bribery cases are highly dependent on oral confessions and exist in a one-on-one status, which makes it difficult to obtain evidence and difficult to pursue their criminal responsibilities. As a result, many corrupt elements evade legal sanctions. Therefore, some scholars have proposed that in the case of bribery, some form of evidence has been reached to put forward the assumption of the inversion of the burden of proof on the parties involved in a bribe case. The author analyzes the judicial feasibility of the presumed bribery under the existing facts.