Discipline Inspection Evidence To Investigate Legal Issues Criminal Evidence Transformation

Throughout the ages,anti-corruption struggle is an inevitable work of the ruling authorities.Especially in the present,China set off a new round of anti-corruption storm,and as a vanguard of anti-corruption discipline inspection organs more prominent role.In China,many corruption cases are caused by duty crime,which is usually handled by the discipline inspection and supervision organs,that is,the case accepted,and through the discipline inspection and supervision organs of the initial verification that the disciplinary need to be disciplined to be placed on file,In the investigation and verification to detect the facts of the crime,constitute a crime,by the discipline inspection and supervision organs transferred to the prosecution.At this point,the discipline inspection and supervision organs to go through the handling procedures,but in the transfer process,how to discipline inspection and supervision organs to provide evidence that there is no clear legal provisions.This involves the discipline inspection and supervision of evidence into how the work.Discipline inspection supervision evidence and criminal evidence are to prove the facts related to the case,the whole case investigation and litigation activities,the basis and core,in the discipline inspection and supervision organs to the Procuratorate transfer of cases,the discipline inspection and supervision of evidence will be reviewed and adopted.In the new situation,the discipline inspection and supervision organs how to better joint prosecution of corruption work together to fight corruption is the key to the current anti-corruption work.The first part of this paper,through the understanding of the discipline inspection and evidence and criminal evidence of the connotation,type,characteristics,according to the existing law contrast analysis of the difference between the two evidence and contact the two evidence a more intuitive understanding.The second part,through the analysis of China's current discipline inspection and supervision evidence to obtain and need to be recognized the practical needs.In China,due to the special role of the discipline inspection and supervision departments in dealing with corruption cases,it is the main force of anti-corruption,especially in the current environment,anti-corruption work requires discipline inspection and supervision organs to increase the handling of cases,and the formation of discipline inspection Monitoring evidence is not evidence of criminal evidence,but the two evidence itself between the properties of the object and the examination shows that a high degree of consistency is the basis for its transformation.In the third part,the author puts forward three criteria to explain this difficult problem according to the existing evidential theory,and provides theoretic support for the solution of the perplexity problem.In the fourth part,in the specific process of the two kinds of evidence transformation,we should follow the four principles of comprehensive transformation,best evidence,illegal evidence exclusion and discretion.To meet the Criminal Procedure Law on the conditions for the transformation of evidence,the discipline inspection and supervision evidence in the physical evidence to give the conversion of illegal verbal evidence is not transformed,with the forensic qualification of the expert to give the conclusions of the identification of transformation,if the prosecution to re-identification.At the same time,the prosecution through the identification of reviewers,identification,identification,inquiry and other means to a comprehensive analysis of judgments,whether the discipline inspection and supervision organs to file the case,the final written notice to discipline inspection organs and other procedures to complete.