On The Use Of Supervisory Evidence In Criminal Proceedings

In 2018,with the introduction of the Supervision Law and the establishment of the supervisory committee,the original duty crime investigation functions of the procuratorial organs were transferred to the supervisory organs,and the corresponding investigation procedures for duty crimes were also separated from the criminal proceedings.Therefore,it inevitably involves the connection between the Law of the Supervision Law and the Criminal Procedure Law.The evidence,as one of the core elements of criminal proceedings,the whole procedure is carried out around the collection and use of evidence."Supervision law" gives supervisory evidence into the criminal procedure,the direct transformation of supervisory evidence exempted the judicial organs to collect evidence to collect evidence burden,but not supervisory evidence is random into the criminal proceedings and become a through train,supervisory evidence should still accept the review of evidence ability.However,the Supervision Law has a slightly crude provisions on the ability of evidence,causing many obstacles in its practical application.With the introduction of the Regulations on the Implementation of the Supervision Law,some of the existing problems of supervision evidence have been solved accordingly,but there are still problems and ambiguity in the use of supervision evidence in criminal proceedings,especially in the ability of evidence,which leads to confusion in the application of specific procedures.This paper mainly focuses on the use of supervision evidence in criminal proceedings as the starting point,relying on the Supervision Law,the Implementation Regulations of the Supervision Law and other norms.First,the concept of supervision evidence is clear.Secondly,a brief analysis of the provisions of the existing system of monitoring evidence.Then,the existing problems such as the confusion and application of the identity of the subject of evidence collection,the lack of norms on the evidence collection procedures of supervision evidence,and the general and vague provisions on the types of supervision evidence are analyzed one by one.Finally,the corresponding solution measures are put forward on the above problems,the identity of the subject of the supervision of evidence collection is clearly clear,and the appropriate separation of the discipline supervision and evidence collection procedures.The process of preliminary verification and synchronous audio recording and video recording is defined theoretically,and suggestions for institutional promotion are given.Clarify the evidence qualification on the special evidence collected by the supervisory organs,and propose a reasonable solution to the problems existing in the specific application.