Research On The Transformation Mechanism Of Discipline Inspection Evidence In Criminal Proceedings

China's anti-corruption struggle by the Party committee,discipline inspection and supervision departments,procuratorial organs of the three parties to cooperate in different areas,different levels of anti-corruption struggle.In judicial practice,due to a high degree of overlap with the national staff members in the main range,a large number of corruption and bribery cases shall be subject to the discipline inspection and supervision departments of discipline after the trial,which is suspected of committing a crime,and then transferred to the judicial organs.As a result,whether the evidence of the discipline inspection and supervision can be transformed into the criminal judicial evidence,how to translate into the criminal evidence becomes the core link between the discipline inspection organs and the procuratorial organs.For the transformation of discipline inspection evidence in criminal proceedings,China's criminal procedural law does not specify,transforming the way in practice of verbal evidence for repeated evidence and make up the procedures,the procedures for withdrawal by most of the physical evidence into criminal evidence.Overall,the current transformation of the discipline inspection and supervision of the evidence is not enough refinement,operability is not strong,the actual operation of the situation in different places,subject to subjective and objective factors.The lack of evidence transformation of legal norms,the discipline inspection evidence and criminal evidence collection,the main collection program,different collection methods,has become a constraining factor hindering the discipline inspection evidence directly into the criminal litigation proof.The transformation of discipline inspection and supervision evidence has its practical necessity."shuanggui",as a special discipline investigation measures,can quickly control the objects involved in time and space,to control the information channel and exclude the party collusion,thus has the necessity and realistic necessity,improve the efficiency of case investigation and anti-corruption struggle increasingly requires discipline inspectionand supervision organs play a prominent effect.At the same time,the discipline inspection evidence to meet the authenticity,relevance,with evidence,and there are many similarities between the criminal evidence,which provides the basis and feasibility for the discipline inspection evidence conversion.From the perspective of the rule of law and strictly,the author believes that the more effective,through the procedures designed to ensure that the discipline inspection evidence conversion in standardized exercise,discipline inspection work,construction of the concrete operation path of discipline inspection evidence transformation,to completely transform the rule and the best evidence rule principle,clear evidence of the scope of transformation,the discipline inspection and supervision the evidence in the form of legal evidence in different ways,and follow the standardized procedures into criminal judicial evidence.