Research On The Transformation Of Supervisory Evidence To Criminal Procedure Evidence

Under the dual background of strengthening the political task of building a clean and honest party and the penal purpose of cracking down on corruption.In the reform of supervision system,the original decentralized functions of civil servants violating Party discipline and duty crimes are centralized and exercised by the supervisory commission,which solves the institutional hidden trouble caused by the overlapping of powers and decentralized exercise of power,but also causes new problems and challenges.Given position mode has had the qualitative change,prosecuting crimes indictment of duty crime into the investigation,the supervisory committee is not criminal lawsuit main body,then its enforcement power exercise collected by monitoring how evidence in criminal procedure is to accept,and how to be used in criminal lawsuit activity and pursue,It has become a problem that the supervisory organs must answer to prosecute the duty crimes.The evidence products used in trial are not limited to litigation organs,and the production of supervisory evidence is just like this.In the criminal procedure standard of our country,the evidence products which must be used in trial but not belong to the criminal procedure evidence need to be transformed by evidence to remove the procedural obstacles.Although the inspection act article 33 to the supervision of the litigation evidence has provided a legal basis,but the supervision of the conversion of litigation evidence qualification to obtain evidence in jurisprudence level still remains controversy is of "identity",at the same time,the regulation of the provision itself too general,litigation evidence transformation scope is not clear,exists to prove that have different standards,illegal evidence exclusion rule specific problems.These unavoidably also bring resistance to the practice of supervision evidence litigation transformation.By means of normative analysis and comparative analysis,the author discriminates the concept of evidence transformation from the theoretical basis of evidence transformation,and considers the procedural value and litigation value of evidence transformation as theoretical foundation,analyzes the relationship between supervisory evidence and criminal evidence,and makes clear the necessity and feasibility of transformation.Evidence for monitoring of litigation evidence into face as a result of legal norms is not accurate evidence type differences,different criteria,illegal evidence exclusion rules of theoretical dilemma,as well as the physical evidence and rhetoric evidence into practice predicament,by defining the transformation range,unified supervision evidence proves that standard,refine the illegal evidence exclusion rule,perfect the evidence preservation specifications,Multidimensional such as construction of legalization of operation subject to perfect the supervisory evidence transfer mechanism,in order to build supervisory litigation evidence into the rationalization of path,to achieve national anti-corruption,punishment of duty crime,and thorough going efforts to promote the goal of comprehensive governing the country according to law,and as an non-litigation authority of legal products are used in the path of the trial to provide more reference.