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法律之于事实犹如理论之于实践,尤其是在一些法律规定尚显空乏的领域,如何在司法实务中合理解决争端,便是司法界面临的现实问题。本文将通过一起受贿案,从公诉人的角度分析应然层面的法律在实然层面的恰当运用,并总结出司法实践中的经验,如翻供问题的对策,作为公诉人在法庭讯问中应把握的技巧,法庭辩论中应注意的问题等,以期对今后相关案件的处理提供有益的参考。
The fact is the fact that the law is in practice, especially in the areas where some legal provisions are still in the air. How to solve the dispute rationally in the judicial practice is a real problem facing the judicial community. This article will analyze the proper application of the law at the actual level from the public prosecutor’s point of view through the bribery case and summarizes the experience in judicial practice, such as the strategy of turning over the issue, as the prosecutor should grasp the skills in court interrogation , The court should pay attention to the issue of debate, with a view to the handling of future cases provide a useful reference.