Evidence Of Disciplinary Inspection And Supervision To The Transformation Of The Criminal Evidence

Disciplinary inspection and supervision organs of the investigationand handling of the case is not only involves the state functionarieshonest and upright, maintain the advanced nature of the party membercadre important case but also involves when investigators alleged beyondthe state’s criminal law, the case to be transferred to judicial organs tojoin the work. However, whether in the disciplinary inspection andsupervision organs in the process of case investigation or to the judicialorgans in the process of transfer case, will be related to the disciplinaryinspection and supervision of evidence examination and use. Disciplineinspection evidence is the disciplinary inspection and supervision organsof illegal discipline in case in the process, to prove the case collection ofall the facts relevant to the case. Its status and criminal evidence, is the whole case investigation and litigation activities of the foundation and thecore, also is the judicial practice in the most practical problems. In thecurrent situation of increasingly severe against corruption, thedisciplinary inspection and supervision organs and procuratorial organshow to efficient and powerful corruption crime become the top priority ofour work. In the two authorities in the work of cohesion, evidence istransferred to the main object and transformation. This paper is the studyof the discipline inspection evidence of how to do well the work oftransformation to the criminal evidence.The first part of this text first through the contrast analysis means todiscipline inspection evidence and criminal evidence of difference andcontact, profound understanding the connotation of the two kinds ofevidence, properties, characteristics, in order to more scientific can betransformed into work. The second part mainly analyzes the disciplinaryinspection and supervision to the criminal evidence into evidence the necessity and feasibility. Because of the transformation of the evidenceresearch cannot be separated from social environment, realize theobjective need of the society will guide us to more mission more seriousattitude to begin the work. The third part focus on the analysis of thebasic theory of evidence transformation, namely the evidence abilitytheory. The transformation of discipline inspection evidence mainly faceevidence ability limit, the difficulty for our country’s criminal evidenceability theory is not perfect and is complicated. Our country evidenceability theory is limited to the legitimacy of evidence in the form ofgeneral review provisions. After the lawsuit evidence elimination rulealso restricted to the provisions of the law of scattered, not form acomprehensive and systematic evidence elimination rule. This part is tofind out the evidence in our country through the theory of abilitydeficiency and comparative analysis of the foreign workability ofevidence theory, makes every effort for the discipline inspection evidence into criminal evidence theory to find the breakthrough. The fourth part isthe key, and the concrete evidence will be divided into physical evidenceand oral evidence two categories, the basic physical evidence to establishdirect conversion principle, that is, by the judicial organs in afterreviewing directly into criminal evidence. The transformation of oralevidence shall be respectively according to different types of evidence forthe transformation of different ways.