Research On The Evidence Rule Of Duty Crime Supervision

The reform of the supervision system has formed a new mechanism for anti-corruption work,and the powers and responsibilities of the anti-corruption departments of the procuratorial organs have been transferred to the supervisory organs.Article 33 of the Supervision Law is the centralized provision of the supervision evidence rule for duty crimes,which respectively stipulates the supervision evidence qualification,evidence requirements and standards and the exclusionary rules of illegal evidence.It plays a key role in the smooth transition from supervision procedure to criminal procedure.However,the provisions of this article are more general and abstract,and need to expand the content of the evidence rules of duty crime supervision through normative interpretation.Article 33 actually establishes the evidence borrowing system of the criminal procedure law for the supervisory organ to handle the supervisory cases.The contents of the criminal procedure law and its supporting norms on evidence are applicable to the duty crime cases investigated by the supervisory committee.The evidence materials obtained by the supervisory organ in the investigation have the qualification of criminal procedure evidence,but the types of supervisory evidence are more than those of legal evidence in the criminal procedure law.The standard of proof of supervision cases is "clear facts,accurate and sufficient evidence",but the supervision law does not provide for the handling of insufficient evidence.Therefore,the handling organ should adhere to the legal principle of "presumption of innocence".When the exclusionary rules of illegal evidence are applied,they are subject to the dual restricts of the Supervision Law and the Criminal Procedure Law.For places with different rules,choose the one with higher standards.In order to realize the effective implementation of the illegal evidence exclusion system in supervision cases,it is necessary to explore the establishment of an appropriate intervention system for lawyers,stipulate that investigators have the obligation to testify in court,and increase the use of synchronous audio and video recordings of the supervisory committee in criminal proceedings.