On Collection And Application Of Inspection Evidence

As one of the contents of China's political system reform,the importance of supervision system reform is self-evident.In order to realize the connection between supervision law and criminal procedure law,it is necessary to pay attention to the collection of supervision evidence and its application in criminal proceedings.As the premise of ensuring judicial justice,evidence is the foundation and life of a case.If the evidence is insufficient or untrue,there is no way to determine the facts of the case,nor to distinguish right from wrong,and then to apply the law.The same is true of supervisory evidence,which refers to the material in the form of legal provisions that can prove the true situation of the matters investigated by supervisory organs.At present,more than most of the literature from the inspection act from the perspective of "criminal procedural law" how to connect to the supervision of the evidence of the related research,the supervision of the evidence linking problem and the criminal litigation proof is the focus of their research direction,because the only evidence of duty crime fact evidence inspection into the criminal litigation,position monitoring illegal cases of evidence and applicable in practice is often ignored.Therefore,this paper holds that the study of supervisory evidence should not be limited to one Angle,and should include the supervisory evidence collected and applied by supervisory organs in the investigation of violation of duty.After analysis,this paper finds the following problems:1.The supervision law is not strict on the types of evidence and evidence collection measures;2.The provisions of the supervision law on the rule of illegal exclusion of evidence are not accurate enough;Supervisory organs rely too much on verbal evidence and so on in the process of supervision and investigation.Because of the existence of these problems,the acquisition and application of supervision evidence are faced with the risk of insufficient legitimacy and authenticity,which may have a negative impact on the justice and efficiency of supervision procedures.In this paper,through the value analysis method,method of semantic analysis,comparative research on the supervision of the evidence of the above defects,on the basis of analysis and research,the supervision of the evidence presented to optimize the path:to strengthen the examination of oral evidence judgment,corrected the evidence rules,to set up the gradient prove standard,perfect witness to testify mechanism,strengthening the supervisory organs internal and external supervision and restriction mechanism.