On The Transformation Of Discipline Inspection Evidence

Discipline inspection and supervision evidence refers to all the evidence collecting by inspective staff in accordance with prescribed procedures. Anti-corruption struggle is increasingly deepening at present, it is particular important for discipline inspection and judicial office co-operation. The use of evidence of discipline inspection becomes a central part to the transfer judicial cases for discipline inspection office.This paper takes for the concept of discipline inspection and supervision evidence belonging to a broad sense concept of evidence, rather than the concept of litigation evidence in the narrow sense. Its connotation and extension are different from litigation evidence. Litigation evidence must be legally qualified evidence, that evidence must satisfy litigation related standards, standards of objectivity and legality. Litigation evidence to reach the effectiveness of proves must demonstrate its objectivity, relevance and legitimacy characteristic in the proceedings. In these three characteristics, objectivity of evidence and the relevance with fact that need certificate belonging to inherent characteristics of Litigation evidence and the legality of evidence is external characteristics of Litigation evidence. Legality of litigation evidence reflected in the body and form as well as collection procedures or extraction methods of evidence must comply with the law, evidence must comply with the law. Discipline inspection evidence has three basic characteristics, objectivity, relations and prescription. The objectivity and relations in Discipline inspection evidence and litigation evidence are consistent, the connotation and denotation on legitimacy of the discipline inspection evidence of are greater than litigation evidence.Discipline inspection evidence is different from litigation evidence; therefore, discipline inspection and supervision must convert then enter judicial proceedings. Discipline inspection Evidence not belong to illegal evidence in natural, but it belongs defective evidence. Defective Evidence is evidence collection procedures with a slight evidence of illegality. Defective Evidence is evidence that existence of illegal in the collection process. Defective Evidence is not completely legal in collection process, which makes it different from the evidence collected legally; but it is not a serious violation of legal procedure or other law to obtained evidence, which makes it different from the illegal evidence. Defective Evidence credibility is undetermined before converting; this point makes it different from the illegal evidence which must be excluded. Thus, the defective of discipline inspection evidence determines its effectiveness undetermined and convertibility.The transformation of Discipline inspection defect evidence is in line with the pursuit for justice and efficiency for criminal proceedings. The conversion of Discipline inspection and supervision defect evidence is also the judicial practice requires of legalization anti-corruption and persistence anti-corruption. Whether from the system cooperate with investigating and prosecuting apparatus and judicial office or maintain fair proceedings, safeguard the respondents and suspect fundamental human rights and constitutional rights, audit and judge discipline inspection and supervision evidence, distinguishing dispose and convert defect evidence are the process to promote legislative anti-corruption.Conversion on defects evidence of discipline inspection and supervision must follow certain principles and rules. Transformation of the discipline inspection evidence must adhere to timely, comprehensive, program principle, resolutely exclude illegal evidence. For the testimonial evidence and physical evidence must be distinguished from the nature of the specific circumstances of its defects, adopt different ways to reinforcing programs or procedures restated for different evidence and situations, to complete the conversion of defects evidence.