The Litigation Transformation Of Supervisory Evidence

After the promulgation of The Supervision Law,the jurisdiction over crimes committed by public officials has been entirely under the supervision authority.According to the provisions of The Constitution,The Supervision Law and The Criminal Procedure Law,the supervisory organ shall transfer the crime cases to the procuratorial organ for examination and prosecution during the investigation.As the nature between supervisory procedure and criminal procedure is divergent,there are differences between supervisory evidence and criminal procedure evidence in terms of subject qualification,evidence application scope and object,evidence collection,examination and applicable standards.The main personnel for collecting evidence are supervisory investigators who need to be experienced in cases of economic crimes and duty-related crimes.Supervision evidence is primary for the cases of duty violations and duty crimes of the investigated.The standard of supervisory evidence is consistent with that of criminal evidence,but insufficient for the conversion of specific evidence.The vague provisions on the examination and evidence-collection procedures lack guidance and operability.The main personnel for evidence collection in criminal proceedings are investigators who have more extensive background of cases without being subject to specific experience.Evidence in criminal proceedings is mainly applicable to cases beyond duty violations and duty crimes,and its standards and examination rules are specific and clear.Moreover,supervisory evidence is related to criminal evidence in terms of type and standard.The types and quantities of the two evidence are basically the same.The direct aim of case facts and causal relationship is equivalent to the ultimate end of crime fighting and human rights protection.The litigation transformation of supervision evidence is based on the evidence system of criminal litigation.The difference between supervisory evidence and criminal procedural evidence is the necessity for the litigation transformation,and their relevance makes the litigation transformation of evidence possible.It is indispensable for supervisory evidence to clarify the standard of litigation transformation,which is conducive to cracking down on crimes,protecting human rights,realizing the justice of criminal litigation organs,supervising and restricting the right of the investigation and improving the litigation efficiency.And,whether it is theoretical research,current legal norm or existing practice,it provides a broad space for the litigation transformation of supervisory evidencSpecifically,the litigation transformation of supervisory evidence shall adhere to the principle of comprehensive transformation,legal transformation and illegal evidence exclusion.Therefore,according to the criminal procedure law on the examination,judgment,finding and application of evidence,the specific supervision evidence will be converted into litigation one.Additionally,the supplementary investigation by the supervisory organ should play a main role compared to that by the procuratorial organ for the reinforcement of supervisory evidence.At the same time,it shall be made clear that the difference of investigative powers does not affect the specific transformation.The evidence returned to the supervisory organ for re-investigation is still not mature for the transformation.The supplementary evidence for self-investigation by the procuratorial organ will not change the nature of the supervision evidence either,and only non-main evidence,rush verbal evidence and that involves the case which still fails to meet the prosecution standard after supplementary investigation due to the reasons of the supervisory organ can be done by the procuratorial organ.