Research On The Connection Between Supervisory Investigation And Criminal Procedure

Evidence is the key to litigation activities,and the rules of evidence are an indispensable part of the legal system.In the context of the reform of the supervisory system,part of the core powers of the supervisory agency(that is,the power to investigate corruption crimes)is transferred to the procuratorial agency.In the process of handling official crime cases,the supervisory agency obtains evidence of official crimes through supervision and investigation activities,and then enters the criminal procedure.Therefore,the construction of evidence rules must take into account the connection between the Supervision Law and the Criminal Procedure Law.The connection between the supervision and investigation evidence rules and the criminal procedure evidence rules is not only a simple connection and coordination at the technical level,but there is a potential conflict between the political attribute and the rule of law attribute.In judicial practice,whether the rules of supervision evidence and the rules of criminal procedure evidence can be smoothly connected as a parallel system is related to the effect of punishing duty crimes.The article focuses on the construction of the connection mechanism between supervisory investigation and criminal procedure.Through the analysis and review of the evidence rules of supervisory investigation,combined with the current criminal procedure evidence rules,it proposes the choice of the connection path between the supervisory investigation evidence rules and the criminal procedure evidence rules.First of all,starting from Article 33 of the Supervision Law,review the current legislation of the supervision and investigation evidence rules,and on this basis,examine the issues of the supervision and investigation evidence rules.Then it justifies the connection between the supervision and investigation evidence rules and the criminal procedure,starting from the political nature of the supervision and investigation,and demonstrates the necessity of constructing a connection mechanism.Finally,it proposes to improve the connection path between the supervision and investigation evidence rules and the criminal procedure evidence rules,emphasizing that by improving the illegal evidence exclusion rules,clarifying the proof standards,delimiting the evidence collection standards,and giving play to the supervision and restriction role of the procuratorial agency,gradually constructing the supervision and investigation evidence rules The cohesive mechanism of evidence rules in criminal proceedings.