Research On The Connection Mechanism Between Supervision Evidence And Criminal Procedure Evidence

Evidence is the core and soul of a lawsuit,as well as the basis for determining the facts of a case.In handling all cases,we should attach great importance to evidence to ensure judicial justice and respect and safeguard human rights.After the promulgation and implementation of the Supervision Law,the power to investigate crimes committed by public officials is exercised by the supervisory organs in a unified way.Different from the "investigation-indictment-trial" litigation model of traditional criminal proceedings,cases of duty crimes follow the path of "investigation-indictment-trial".Thus,the connection between the Supervision Law and the Criminal Procedure Law,the supervision procedure and the criminal procedure,the supervision evidence and the criminal procedure evidence arises.How to realize the effective convergence of evidence is of great significance to realize the effective governance of corruption by the Party and the state,and is the inevitable requirement to meet the national rule of law against corruption,adapt to the change of handling mode of duty crime cases,and improve the handling efficiency of duty crime cases.The current legislation in China is not clear enough about the convergence of evidence,and the relevant theoretical research needs to be further improved.The unity principle of constitution and law system,the principle of due legal process,the unity of punishment for crimes and protection of human rights are the theoretical basis for the construction of evidence convergence mechanism.The basic principles of evidence convergence include the principle of evidence judgment,the principle of mutual coordination and mutual restraint,the principle of no presumption of guilt,and the principle of prohibiting forced self-incrimination.In judicial practice,Main problems of evidence linking mechanism is embodied in the lack of effective connection the kinds of evidence,physical evidence and words the transformation path is not clear,sound recording or video recording of evidence collection and use of evidence rules in the investigation procedure is imperfect,supervisory prove standard provisions are too general,monitor the collection of evidence to the lack of effective legal supervision,imperfect supervision content illegal evidence elimination rule and so on.In order to solve the above problems,the path of effective convergence of evidence should be optimized.Main countermeasures include clear inspection with the types of evidence and its using way,establish and perfect the supervision of the evidence rules,expanding the scope of the inspection program recording video evidence to,differentiate duties illegal investigation and standard of proof of duty crime investigation,a sound system of procuratorial organs investigation procedure early intervention and supervision of regulations,specific monitoring object and scope of illegal evidence exclusion.