On The Use Of Supervision Evidence In Criminal Proceedings

Procuratorial organs have the right to investigate duty crimes.After the innovation of the national supervision system,the supervisory committee will perform this duty,which is called the right to investigate.Entering the trial stage,court trials in the same position are the core of a series of case-handling processes.In order to make the supervision evidence stand the test of the court’s final trial,the supervisory committee should put the examination evidence first,and achieve the same standard as the identification of evidence in the criminal trial process.Through its own internal examination and investigation process and trial process,the supervisory organ finally collates and perfects the case file and sends it to the judicial organ.The judicial department examines the evidence and facts involved in the case,and finally judges in the court make judgments according to law.Therefore,in the process of examining and investigating cases,the investigators of supervisory organs must collect and use evidence in accordance with the standards of evidence in criminal proceedings,otherwise they will not be adopted in the following litigation.In the Supervision Law,there are only three provisions on the connection of supervision evidence which reflects the trend of unifying the standard of evidence.Nevertheless,in spite of numerous accomplishments have been acquired in the aspect of the theory on the supervision system in China,from the point of practical needs,evidence risks often exist in the judicial stage,and many scholars in academic circles judge the connection of supervision evidence.Therefore,it is necessary to make the legality and authenticity of supervision evidence conform to the standard.Then ensure that the supervision evidence can smoothly enter the criminal proceedings according to law.This paper mainly adopts the method of combining theory with judicial practice,reading literature,analyzing and summarizing,The writer plans to discuss and analyze four aspects.One is to analyze the theory of supervision evidence,explain the necessity and feasibility of the existence of supervision evidence,and thus clarify the theoretical basis of supervision evidence itself;Number two,the paper use specific cases to introduce the way to analyse the status quo of the application of evidence to criminal proceedings.Preliminarily,it explores and analysis in practice how to employ the supervision of the evidence;Thirdly,it explains the difficulties arising from the application of supervision evidence in practice,such as the confusion of the scope of transfer and use of supervision evidence,the unification and high-level standard of supervision case evidence,and the difficulty in applying the exclusionary rules of illegal evidence.Fourthly,the final analysis proposes some proposal,supposing perfecting the connection between supervision and litigation procedure,constructing the "dual" proof standard of supervision evidence,and perfecting the operation of illegal evidence exclusion rules,so as to facilitate the application in practice in the future.