Research On The Application Of Exclusionary Rule Of Illegal Evidence By Supervisory Organs

The Constitution of the People’s Republic of China stipulates that the Supervisory Committee as a state supervisory organ,independently exercises its supervisory power according to law,and establishes the constitutional status of the Supervisory Committee.The Supervision Law of the People’s Republic of China stipulates that the investigative functions of the supervisory organs including investigating corruption,bribery,dereliction of duty and other duty crimes according to law.In addition,the Supervision Law of the People’s Republic of China also stipulates that if the collection of evidence is carried out by illegal means,the collected evidence should be excluded according to law,and should not be used as the basis for the disposal of cases,and the standards for collecting,fixing,assessing and using evidence by supervisory organs in the process of investigating duty crimes should be consistent with the requirements and standards of evidence in criminal trials.According to the systematic interpretation,standards for exclusion of illegal evidence by supervisory organs should also be consistent with the standards of exclusionary rule of illegal evidence in criminal trials.However,due to the particularity of the supervisory organs in the application of exclusionary rule of illegal evidence,in order to better protect human rights and maintain procedural justice,it is necessary to study the problems in the application of exclusionary rule of illegal evidence by supervisory organs and put forward countermeasures.To study the application of exclusionary rule of illegal evidence by supervisory organs,we should adhere to the principle of comprehensiveness and objectivity.Therefore,we should study the whole process from the generation of illegal evidence by supervisory organs to the exclusion of illegal evidence according to law.By using scientific methods such as literature analysis,comparative analysis,conceptual analysis and value analysis,we can research on the origin and theoretical basis,legal origin,scope,procedure and proof of the exclusion of illegal evidence by supervisory organs.Through objective researching,we can see that there are a series of problems that need to be solved urgently in the process of applying the exclusionary rule of illegal evidence,such as the uncertain connotation and extension of illegal evidence,the imperfect procedure of applying the exclusionary rule of illegal evidence by supervisory organs,the imbalance of rights and powers in the process of applying the exclusionary rule of illegal evidence by supervisory organs,and so on.Among them,the connotation and extension of illegal evidence is not clear,which is manifested in the lack of clear provisions on defective evidence,uncertainty of concepts related to illegal evidence and lack of provisions on “fruit of the poisonous tree”.The imperfection of the procedure of applying the exclusionary rule of illegal evidence by supervisory organs is manifested in the imperfection of the initiation procedure of the exclusionary rule of illegal evidence by supervisory organs and the lack of review and remedy procedures for the exclusion of illegal evidence in the investigation stage;In the process of applying the exclusionary rule of illegal evidence,the imbalance of rights and powers is manifested in the imperfection of the legal liability stipulation for the collection of illegal evidence,the imperfection of the defense system stipulated in the investigation stage,and the combination between the executing organs of the lien measures and the supervisory organs.In order to protect human rights and maintaining procedural justice,in view of the imperfections in the application of exclusionary rule of illegal evidence by supervisory organs,we should start with perfecting the connotation and extension of illegal evidences,perfecting the relevant procedures of exclusionary rule of illegal evidence and realizing the balance between rights and powers.Firstly,the connotation and extension of illegal evidence should be improved,including defining defective evidence,perfecting uncertain legal concepts and establishing exclusionary rule for the “fruit of the poisonous tree”;Secondly,the procedure of applying exclusionary rule of illegal evidence by supervisory organs should be perfected,including the initiation procedure of applying the exclusionary rule of illegal evidence by supervisory organs should be improved,the review and remedy procedures of exclusion of illegal evidence in the investigation stage should be improved;Finally,the balance of rights and powers should be achieved in the application of exclusionary rule of illegal evidence by supervisory organs,including perfecting the legal consequences of the collection of illegal evidence by supervisory organs,introducing the rights of defense into the investigation stage of supervisory organs,and realizing the separation between executing organs of lien measures and supervisory organs.