Research On The Evidence Mechanism Of The Discipline Inspection And Supervision Department

After the Eighteenth National Congress of the Communist Party of China,the disciplinary inspection department plays an important role and becomes the dominant power in fights of anti-corruptions.Actually,the achievement is very outstanding,which has a great influence both at home and abroad by checking a large number of corruptions and duty-related crimes.However,the disciplinary inspection department is not the judicial organ,all of the suspected criminal cases should be transferred to judicial organs to do further trial,this process can be called “the connection of the disciplinary inspection department and the judicial organ”,which is one of the reform orientations of the disciplinary inspection department.During the process,the core of the problem is the transformation of discipline inspection evidence to the criminal evidence,and the transformation is necessary for the reform of the judicial and the discipline inspection system.Firstly,it can keep the anti-corruption as a constant state,to maintain the dignity of socialist legal system;secondly,it can standardize the process of investigation,collection and use of evidence,to make sure that the discipline inspection organs and judicial organs do not abuse of power,and to safeguard the legal right of people surveyed;finally,it can improve the efficiency of lawsuit,to realize the goal of criminal actions: justice,order and efficiency,which seems to have a highly practical significance.The discipline inspection evidence has evident Chinese characteristics;it's extremely similar to the criminal evidence in terms of concept,variety,form of expression and essential characteristics.Meanwhile it has a wide difference in terms of investigation,collection and use of evidence,which appears as the subject,the process and the mode of it.So it is feasible to transform the discipline inspection evidence to the criminal evidence,and it must pass through certain procedures.At present,in our country,the stipulation for transformation of discipline inspection evidence to the criminal evidence is still very indistinct and is short of technology support.Through understanding the current judicial practice,consulting a large number of related literature materials and combined with my experience,I suggest establishing and perfecting the relevant conversion system,and I express my own opinion in terms of the specific transformation mode.The purpose is to clear the status of discipline inspection evidence,to build the transformation mechanism,so that this transformation will be more operable,to improve the efficiency of lawsuit and maintain the pressure of anti-corruption.