Research On The Application Of Flawed Evidence In Surveillance Cases

After the reform of the state system,the supervisory organs carry out investigation activities in cases of suspected duty crimes according to law,because of the differences between the Law of the People's Republic of China on Supervision on the basis of the collection of supervisory evidence in supervisory cases and the Criminal Procedure Law and related judicial interpretations on the basis of later examination,and the lack of experience of investigators in applying supervisory procedures to investigate and obtain evidence,and the imperfect provisions of the defense system in the investigation stage.As a result,the application of defective evidence in supervisory cases is not clear in legislation,the connection between law and law is not smooth,the specific operation methods and procedures of application are not clear,and the supervision and inspection organs treat the problems such as insufficient initiative to remedy and transform the defective evidence and different examination standards.Therefore,the above problems should be clarified and solved based on the principles of restraining torture,strengthening authority and early elimination.By analogy with the application system of defective evidence in general criminal cases and the compulsory exclusion rules of illegal evidence in supervisory cases,the connection and difference between supervisory procedure and criminal procedure are explored.To clarify the legislative purpose of eliminating the defects of evidence,to return to the essence of litigation function,to coordinate the legislative mode of defective evidence,to unify the standard of qualification of evidence,to perfect the system of evidence rules of supervision cases with Chinese characteristics,to set up internal supervision organs of supervisory organs,to perfect the system of early intervention,and then to optimize the allocation of investigation power of supervisory organs in China.Applicable stage,construction We should establish clear principles for the application of defective evidence in monitoring cases,strictly standardize the means of starting the subject,transforming the way,transforming the procedure,restricting the discretion of the judge and transforming the sanctions system that can not be transformed,perfect the human rights guarantee system in the process of accepting the letter,and advocate the system of investigating personnel appearing in court.This plays an important role in regulating the handling of cases by supervisory organs,reducing the breeding rate of defective evidence,unifying the applicable rules of defective evidence,and ensuring the fair and effective examination and trial of supervisory cases.