Research On Evidence Preservation System Of The Supervisory Commission

The supervision law of the People's Republic of China(hereinafter referred to as the "supervision law")came into force on March 20,2018.The reform of the national supervision system has a new development.The supervision law is the national legislation against corruption,which is mainly aimed at the cases of duty violation and duty crime.Due to the particularity of duty violation and duty crime cases,there are relatively few available physical evidence.In practice,in order to meet the practical needs of the commission of supervision's evidence investigation measures,evidence preservation becomes particularly important.However,there are few theoretical studies on the evidence preservation system of the commission,and most scholars focus on the research on the commission's right of evidence investigation and the application of the commission's evidence rules.In practice,the method and procedure of evidence preservation by supervisory organs are the key to the handling of cases by supervisory organs.Only by analyzing the general procedural elements,objects,methods and specific applications of evidence preservation in the system of evidence preservation of the commission of supervision,can the essence of evidence preservation of the commission of supervision be understood in a more comprehensive way.The research of evidence preservation system in civil and criminal field is common,especially in the civil field is fruitful.Comparing the evidence preservation system of the supervisory commission with the evidence preservation methods and objects of civil and criminal evidence preservation,and analyzing their similarities and differences,it is more helpful to understand the progress and deficiency of the evidence preservation system of the supervisory commission.In addition,because the "supervision law" is a new law,it is not perfect,coupled with the inherent defects of China's evidence preservation theory,the evidence preservation system of the commission of supervision still has many problems.For example,the subject of initiation is single,the method of preservation is too general,and the procedural preservation mechanism of evidence preservation of the commission of supervision is incomplete.The supervisory commission should choose an optimal path of improvement,and optimize the forms and elements of evidence preservation initiation,methods of evidence preservation,implementation procedures,supervision mechanism and other aspects.