Research On The Connection Between Supervision Evidence And Criminal Procedure Evidence

With the promulgation and implementation of the supervision law,the responsibility of fact-finding and evidence-gathering for official crimes has been transferred to the supervisory authorities,which are required to collect and use evidence in accordance with the provisions of the supervision law,the collected evidentiary material needs to be processed in criminal proceedings,which raises the issue of the interface between the inspection law and the criminal procedure law.The key of the connection of law and evidence is the connection of evidence,and the connection effect between the supervision law and the criminal criminal procedure directly affects the connection effect between the supervision law and the criminal procedure law.“Supervision Law” is limited by the number of provisions,the evidence of the relevant provisions left insufficient,making the issue of evidence link prominent.In order to promote the perfection and development of supervision system,the regulations on the implementation of supervision law of the People’s Republic of China came into being.Although the implementation ordinance has improved the relevant provisions on monitoring procedures and monitoring evidence,in the process of monitoring evidence convergence,should the verbal evidence in the initial verification procedure be included in the convergence system? Should synchronous audio and video evidence during the monitoring phase be transferred with the case? Is the exclusionary rule of illegal evidence and the standard of proof perfect? The implementation regulations provide for the examination and determination of evidence by the supervisory authorities,such as whether it is reasonable.Based on the above problems,first of all,analyze the characteristics of surveillance evidence and its similarities and differences with the evidence of criminal proceedings to determine the basis of the link between the two.Secondly,on the basis of retrieving a certain number of judgments,this paper analyzes the current legislative and judicial status of the link of evidence.Then,in view of the status quo of cohesion,from the procedural differences,the system of criminal proceedings and the status of the accuser and defender analysis of the causes of the problem.Finally,this paper puts forward the corresponding improvement methods for specific problems.The verbal evidence in the preliminary verification procedure is brought into the evidence system in order to expand the range of the connection between the surveillance evidence and the criminal procedure evidence.Promote the transfer of simultaneous audio and video recordings with the case,and safeguard the legality of evidence.We should perfect the legislation and practice of the exclusion and proof standard of illegal evidence,and promote the use of supervisory evidence in criminal proceedings.In the aspect of evidence examination,the function of the supervisory organ is made clear,which is guided by the trial evidence.