Research On The Exclusion Of Illegal Supervisory Evidence In Criminal Proceedings

After the establishment of the state supervisory organs,China has adjusted its power in the anti-corruption field and incorporated the investigative power of the procuratorate on duty crimes into the powers of the supervisory organs.However,in the case of duty crimes,it is still necessary for the judicial organs to make the final treatment,and the evidence collected by the supervisory organs must also be examined in criminal proceedings.However,supervisory organs are not judicial organs,their investigative activities are not investigative activities in the judicial sense,and they do not exercise their investigation power in accordance with the criminal procedure law.At the same time,supervisory organs are not administrative organs,and they cannot operate according to the provisions on the use of administrative evidence in criminal proceedings,and it has brought difficulties to the exclusion of illegal supervision evidence.But the exclusion of illegal supervisory evidence plays a veiy important role in the criminal proceedings.It is an important manifestation of the connection and supervision of the monitoring procedure and the judicial procedure.At the same time,the exclusion of illegal supervisory evidence is also beneficial to protect the legal rights of the respondents.To this,this paper is divided into four parts to discuss the exclusion of illegal supervisory evidence in criminal proceedings.First of all,the first part mainly discusses the illegal supervisory evidence and believes that the legality of supervisory evidence depends on the legality of the supervisory means of the supervisory authority.At the same time,by analyzing the the possibility that the supervisory authority has acts of collecting illegal evidence in the investigation,it discusses the importance of eliminating illegal supervisory evidence.The second part discusses the internal consistence between the investigative acts of the supervisory organ on the duty crime and the supervisory act of the previous procuratorate.At the same time,based on the supervision law,the exclusion of the illegal supervisory evidence is also stipulated,it is believed that the illegal evidence exclusion rules can be applied to the exclusion of illegal supervisory evidence in criminal proceedings.The third part mainly explains some problems that may exist in the exclusion of illegal supervisory evidence.The fourth part mainly discusses the related issues of how to exclude evidence of illegal supervision in criminal proceedings,including the identification of the scope of evidence of illegal supervision,and what kind of illegal evidence exclusion mode should be adopted to exclude evidence of illegal supervision.It also discusses the relevant procedural issues of illegal supervisory evidence exclusion.