| Since the reform of the national supervisory system,the supervisory committee has become a specialized agency for handling crimes committed by public officials.According to the relevant provisions of the "Supervision Law of the People’s Republic of China"(hereinafter referred to as the "Supervision Law"),after a case of job-related crimes is filed and investigated by the supervisory agency and collected evidence,it must be reviewed by the procuratorial agency for legality review before the supervision evidence can enter criminal trials in.It can be seen that the evidence collected in the process of the supervision and investigation of the supervisory organs cannot directly enter the criminal trial stage.Judging from the current legal provisions,legislators also deliberately.Comparing the evidence clauses in the Supervision Law and the Criminal Procedure Law,it is not difficult to find that there are many differences.It is mainly reflected in many aspects such as collection subject,application scope and objects,proof standards,review procedures,etc.Compared with criminal litigation evidence,supervisory evidence also has its own characteristics.This also determines the need for supervisory evidence to enter the criminal trial stage.The procuratorial organs review and transform the evidence.Article 33 of the "Supervision Law" provides comprehensive provisions on the scope and standards of the transfer and transformation of supervisory evidence,as well as the exclusion of illegal evidence.This clause is an important legal basis for the transformation of supervisory evidence into criminal litigation evidence.However,the three paragraphs of Article 33 of the "Supervision Law" stipulate that the scope of evidence transfer and transformation,the identification standards of evidence,and evidence review procedures are too general,which will inevitably bring confusion and obstacles to the application of the law in practical work.,Solving these problems in the transfer and transformation of supervisory evidence is the most important thing in achieving the "convergence of the two laws." Specifically,using the methods of comparative analysis and empirical analysis,on the basis of distinguishing the similarities and differences between criminal litigation evidence and supervision evidence,it is clear that the principles of legal transformation,classification transformation,efficiency priority,correction and reinforcement should be followed in the transformation of evidence transfer.In accordance with the general provisions of Article 33 of the "Supervision Law" on the qualifications for the application of supervision evidence,the evidence standards adopted,and how to conduct evidence review,in accordance with the rules of the Criminal Procedure Law on the review,judgment,determination and use of evidence,The transfer qualification and scope,the standard of evidence certification,and the exclusion of illegal evidence shall be refined in multiple dimensions,and the mechanism for the transfer and transformation of supervision evidence shall be improved,with a view to achieving substantive justice and procedural justice and saving judicial resources. |
