Study On The Exclusionary Rule Of Illegal Supervision Evidence

Under the background of the new era,the Party and the state have vigorously carried out anti-corruption work,and the Supervisory Commission has emerged at the historic moment.As the main organ of anti-corruption work,the Supervisory Commission has promoted the national institutional reform.Supervisory organs are state organs with special state supervisory power.The reform of the supervisory system has integrated the supervisory power of the former administrative supervisory department and the power of the procuratorial organ to investigate some cases.The Supervision Law clearly stipulated the authority of supervisory organs to collect evidence and the standards for collecting evidence.This regulation is basically consistent with the requirements and standards for evidence collection in criminal proceedings,and it also implies the exclusion rule of illegal evidence.As a result,the supervisory organ to carry out the investigation procedure shall be to carry out the illegal evidence exclusion rule,but as a result of the inspection act on the regulation of evidence system of more general and system of vacuum and bridging gaps,lawmakers and thought can be illegal evidence exclusion rule in a criminal trial,to fill in the investigation procedure and improve the supervisory organs,the lack of evidence exclusion rules.The Criminal Procedure Law clearly stipulates that personnel of judicial organs shall be prohibited from using illegal means such as extorting confessions by torture to obtain evidence in the course of investigation,and that evidence obtained by illegal means by investigative organs shall be excluded.Invoking the rules of the system into the supervision procedure is conducive to the "convergence of the two laws" between the Supervision Law and the Criminal Procedure Law.The study on the exclusion rules of illegal supervisory evidence should run through the whole process from the generation of illegal supervisory evidence to the exclusion of illegal supervisory evidence.China has not made clear the exclusion criteria of illegal supervision evidence,so this paper defines the connotation of illegal supervision evidence and analyzes its consideration factors through literature analysis,comparative analysis,logical analysis,normative analysis and other research methods.Through the analysis of the importance and feasibility of the exclusion of illegal supervisory evidence in the investigation procedure of the supervisory committee,as well as the scope of the exclusion of illegal evidence and the exclusion of illegal evidence in the criminal procedure law point to point research and analysis.Through research and analysis can be found that illegally supervisory rules of evidence investigation,the supervisory organs in the forensics process supervision,the supervisory organs inside out procedure,there exist some problems in the aspects such as the transformation of the supervision of the evidence,needs to be solved,but also to monitor external to exclude evidence need to refine and complement,such as the procuratorial organ as legal supervision organs of illegal supervisory exclusion of evidence,judicial court,under the principle of "centering on the trial" in the trial phase out such problems as the evidence of illegal supervision.To prevent excessive supervisory authority,to safeguard the personal rights of people surveyed value orientation,aiming at the shortcomings of the illegal surveillance evidence exclusion regulation,should be on the basis of the illegal evidence exclusion rule in a criminal trial,the evidence of illegal supervision theory,a survey of the supervision of the evidence rules shall be clear and the evidence of illegal supervision set up the reasonable scope,clear internal and external supervisory evidence exclusion system,the implementation of the supervisory organ within the departments perform exclusion of evidence,clear the procuratorial organs and the judicial organ as external supervisory evidence rule out the status of organization,to promote and perfect the supervision system reform of our country.