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Research On The Cohesion Of Supervisory Evidence And Indictment Evidence

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L H MengFull Text:PDF
GTID:2416330623473444Subject:legal
Abstract/Summary:PDF Full Text Request
After the reform of the state supervision system,the main body for investigating official crimes has evolved from the original procuratorial organs to today's supervisory organs,that is,supervisory committees that independently exercise their investigative powers.In the context of the continuous advancement of the anti-corruption struggle,although the supervisory organs continue to play a leading role,they are not judicial in nature after all,so the investigations of the duty crime cases still need to be transferred in order to facilitate the follow-up review by the procuratorate activities,this involves the connection between the supervisory and prosecutorial agencies.As a basic factor related to the restoration of facts,the effective application of supervisory investigation evidence in the field of criminal proceedings is undoubtedly the core content of the process of the connection between the two agencies,and is also an inevitable requirement for gradually deepening the reform of the supervisory system.If the connection between the two types of evidence can be properly handled,in addition to improving the quality of handling crime cases and achieving the purpose of centralized and unified,authoritative and efficient anti-corruption,it can also relatively ensure the standardized operation of the legal supervision power of the procuratorate,the work of anti-corruption and advocating integrity has always been along the track of the rule of law.However,according to the current situation,the principled amount of evidence connection in Article 33 of the Supervision Law is too general and vague,which leads to the lack of evidence structure;at the same time,the obvious loopholes exposed at the system design level also make its operability slightly inadequate,which in turn lays a lot of hidden dangers to the review of evidence.In view of this,this paper will roughly divide into five parts for the specificdiscussion on the connection between the supervision investigation evidence and public prosecution evidence.The introduction of the first part mainly explains the research background,significance and methods,and sorts out and analyzes the current status of related domestic research,which is convenient for grasping the focus of academic circles and plays an important reference role.The second part is to start with the supervision and investigation evidence,focus on the concept,type and characteristics of the supervision and investigation evidence,find the difference and connection with the public prosecution evidence,and form a more accurate through the comparison of evidence "transformation" and "connection",the precise preliminary understanding lays a good foundation for more effective evidence connection work.The third part focuses on the necessity and feasibility of the connection between supervision and investigation evidence and public prosecution evidence,the implementation of the principle of unification of the legal system,and the enhancement of the efficiency of case litigation highlight the existence value of the evidence connection,and the similarity in status and role determines the evidence connection.The fourth part is based on Article 33 of the Supervision Law as a whole,and lists the defects exposed during the connection of evidence qualification,evidence standards and illegal evidence exclusion rules,and the adverse effects on subsequent evidence review and judgment.The fifth part puts forward various suggestions for improvement,such as widening the types of evidence,the scope of transfer of differentiated evidence,adopting different levels of evidence standards,and improving rules for excluding illegal evidence.
Keywords/Search Tags:Supervisory evidence, Evidence connection, Evidence capability, Evidence standard, Exclusionary rule of illegal evidence
PDF Full Text Request
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