Research On The Supervision And Disposal Of The Evidence Of Duty Crime

Since the 18 th National Congress of the Communist Party of China(CPC),the investigation and handling of job-related crimes in China has risen to an unprecedented level.While fighting job-related crimes,also carried on the anti-corruption mechanism system reform.At the beginning of 2018,with the establishment of supervisory organs nationwide and the promulgation of the Supervisory Law of the People’s Republic of China,the investigation and handling of duty-related crimes has undergone landmark changes,the functions of investigating and handling post-related crimes and the persons concerned were transferred from the procuratorial organ to the supervisory organ,which replaced the procuratorial organ and became the main investigating and handling organ of post-related crimes.At the same time,the supervision law has become the main law for investigating and dealing with post-related crimes,while the criminal procedure is mainly responsible for the follow-up review and prosecution of post-related crimes and criminal judgments.The reform of the supervisory system has given a strong impetus to the anti-corruption work and achieved great results.It has formed an overwhelming trend in the fight against corruption and consolidated the development.The promulgation of the Supervision Law has also solved the problem of the supervision organ having the law to rely on,but because of its hasty promulgation,some provisions of the law are too general,which brings a lot of inconvenience to the actual investigation and handling of the duty crime.Therefore,we should also see some problems exposed in the reform process,in which the supervision and disposal of the evidence of duty crime is a more prominent problem.The author takes the principle of supervision and disposal of evidence of duty crime as the theoretical basis,inspects the insufficiency and the reason in the practice of supervision and disposal of evidence of duty crime in our country,and puts forward the pertinence perfect countermeasure.The main contents are as follows:The first part is the concept research of the evidence of crime by taking advantage of duty.First of all,enumerate the authority basis of supervision and disposal of evidence of duty crime.Secondly,it makes a simple introduction to the meaning and characteristics of the supervision and disposal of the evidence of duty crime.Thirdly,it makes a detailedintroduction to the requirements of the supervision and disposal of the evidence of duty crime.Finally,it simply points out the function of supervision and disposal of evidence of duty crime.Through the above more omni-directional Introduction,from the overall understanding of the job-related crime evidence supervision and disposal of the Panorama.The second part discusses the theoretical basis of supervision and disposal of evidence of crime by taking advantage of duty.This part mainly introduces the basic principles of the supervision and disposal of the evidence of duty crime,mainly according to law,the principle of comprehensive and objective collection,the principle of efficient,timely and meticulous collection,the principle of combining formal review with substantive review,and the principle of trial-centered treatment,these four basic principles provide the theoretical basis for the supervision and disposal of the evidence of duty crime.The third part is about the defects and reasons of the supervision and disposal of the evidence of duty crime,which is the focus of this paper.First of all,it analyzes the shortcomings of the supervision and disposal of the evidence of duty crime,the main problems are the ambiguity of the power of supervision and disposal of post-related crimes,the lack of evidence transformation and application in the initial verification stage,the doubts about the validity of evidence,the over-principled exclusion of illegal evidence,and the imperfect provisions on synchronous audio and video recording,etc..Secondly,it is the analysis of the reasons for the insufficiency of the supervision and disposal of the evidence of duty crime.The main reasons are as follows: First,the articles of the supervisory investigation procedure are limited and the standard density is insufficient;second,the supervisory power is relatively complex;third,the quality and ability of the supervisory personnel is insufficient.The fourth part is the advanced research of this paper.This part puts forward six suggestions to perfect the supervision and disposal of evidence of duty crime: First,to perfect the relevant procedure of supervision and investigation;second,to standardize the validity of the evidence in the initial verification stage;Fourth,refine the applicable rules of illegal evidence exclusion;fifth,improve the provisions of synchronous audio and video recording;sixth,strengthen the construction of monitoring team.