| The reform of the national supervision system is a major political system reform that is crucial to the overall situation.It is an important theoretical innovation and institutional innovation to improve the supervision system of the Party and the state.By integrating anti-corruption forces,the supervisory organ unifies the investigative power over illegal acts and crimes committed by public officials,strengthens supervision over all public officials exercising public power,and forms a systematic national power supervision system.Cases of duty violation account for a considerable proportion of supervisory cases,and the application of evidence in such cases is of great significance in promoting the regularization and legalization of anti-corruption efforts.This paper takes the inadequacies of norms and practical difficulties in evidence application of duty violation cases by supervisory organs as the starting point,further analyzes the problems and causes faced in evidence application,and proposes ways to optimize and improve the evidence application in duty violation cases to better adapt to the systematization,specialization,and refinement requirements of rule of law in supervision.Apart from the introduction and conclusion,this paper is mainly divided into four parts,as follows:Part One: Overview of relevant theoretical concepts of evidence application in duty violation cases.By defining the concept of duty violation and analyzing the elements of duty violation,the direction and purpose of evidence application in duty violation cases are clarified.The particularities of evidence application in duty violation cases are deconstructed from various aspects such as the specialization of the application subject,the internal essence of evidence application,the policy-based operation,and the combination of disciplinary and legal systems,confirming the research significance of evidence application in such cases.Part Two: A review of the current situation of evidence application in duty violation cases by supervisory organs,presenting problems from the perspectives of theory,legislation,and practice.The first one is that the theoretical guidance is limited in its effectiveness.The second one is that the lack of legislative support leads to the inadequacy of the evidence rules system in duty violation cases.The third one,due to the deviation of evidence concept,lack of evidence capacity,weakened external supervision and other reasons,practice of rule of law cannot effectively meet the expectation of high-quality work of discipline inspection and supervision.Part Three: Elucidation of the essence and internal and external reasons for the difficulties in evidence application of duty violation cases by supervisory organs.The analysis shows that the insufficient integration of the "political" attribute of the supervisory organ as a political organization and its "rule of law" function of promoting the construction of the rule of law is the essence of the difficulties in evidence application process.The core factor is the failure to distinguish the difference between the evidence application in duty violation cases and duty crime cases,which leads to the lack of relatively independent evidence rules in duty violation cases.In addition,the insufficient construction of the supervision team is also an objective reality that hinders evidence application.Part Four: Explore the ways to improve evidence application in duty violation cases.At the theoretical level,this paper provides ideas for the construction of differentiated evidence theory in duty violation cases based on the experience and reference of the principle of proportion in public law,the principle of party members disciplinary obligation,and the judicial system design of trial-centrism.At the legislative level,it advocates strengthening institutional construction,building independent evidence rules for duty violation cases,and establishing evidence guideline system as the standard basis for evidence application in such cases.At the practical level,it suggests strengthening team building through organizational support,concepts renewal,and capacity building from an internal perspective,and enhancing external supervision by the appointment of special supervisory officers. |
