Font Size: a A A

Discussion On The Transformation Of The Discipline Inspection And Supervision Of Evidence To The Criminal Evidence

Posted on:2011-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z H MuFull Text:PDF
GTID:2206360305479671Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
A standard process of reclassifying evidence collected by the Disciplinary and Supervisory Department (DSD) to legally acceptable criminal evidence is important to the legal system in China. A standard process is needed to help punish corruption without violating human rights. The standardized process includes the investigation, collection and use of the evidence by DSD and law enforcement agencies, which effectively utilizes all resources and improves litigation efficiency. This process should result in fairness, order and efficiency in litigation.Currently there are two types of evidence, legal and non-legal which can be used in criminal court. Legal evidence complies with the law in its content, format and collection method. Only legally qualified individuals can collect and provide legal evidence which is admissible in court. Non-legal evidence is similar in its concept, format, characteristics, usage and guidelines to those of legal evidence. The primary differences are the investigating and collection method, the review and judgment process, and the qualifications of the individuals collecting the evidence. An example is evidence collected by DSD that may be re-classified as legal criminal evidence, but cannot be directly used as legal evidence. At present, there are no legal guidelines in China to reclassify DSD evidence to legal evidence. The current investigative method used and the qualifications of the DSD staff further limit the conversion of DSD evidence to criminal evidence. However, with a standardized DSD process, trained and qualified DSD personnel, this evidence can be reclassified as legal evidence.Responsible personnel should follow a strict procedure to reclassify DSD evidence to legal evidence. The reclassification process must fully examine material evidence, written testimony, audio and video material, investigative notes, witness testimonies, suspect's statements and rebuttals, and the DSD judgment. In addition, the standard reclassification process proposed should be timely and thorough.
Keywords/Search Tags:disciplinary and supervisory department(DSD), criminal evidence, reclassification
PDF Full Text Request
Related items