On The Connection Between Supervisory Evidence And Criminal Procedure Evidence

The official introduction of the Supervision Law of the People’s Republic of China(hereinafter referred to as the Supervision Law)in 2018 marks a new stage in the development of the rule of law and the fight against corruption in China.After the reform of the supervisory system,the supervisory functions and powers were centralized in specialized institutions,and the people’s procuratorates transferred some of their functions and powers to supervisory organs.However,in judicial practice,in cases of alleged crimes committed in the course of official duties,the supervisory authority is required to refer such cases to the judicial authorities,and the cases inevitably enter the judicial process.The supervisory authority mainly carries out the relevant evidentiary activities in accordance with the Law on Supervision,and all kinds of supervisory evidence are subject to a series of criminal justice procedures,so the supervisory evidence needs to be converted accordingly.As to how evidence is converted,the Supervision Law makes a general and principled provision for the criminalisation of the use of surveillance evidence,but in practice such a general provision is liable to cause misunderstandings.With the introduction of the Regulations on the Implementation of the Supervision Law of the People’s Republic of China(hereinafter referred to as the "Supervision Regulations"),on the basis of a clear definition of the types of evidence,there are still problems with specific provisions,such as the procedure for obtaining simultaneous audio and video recordings.In general,the Inspection Act lacks specificity in the design of procedures for monitoring how evidence enters criminal proceedings,has no explicit provisions on evidence in the implementing regulations,and there are still ambiguities in the transformation of evidence.Therefore,it is beneficial to fill the gap in theory and carry out the work in practice to study and clarify the problems in the use of supervisory evidence.After reading the theory of supervisory evidence and criminal procedure evidence,this paper analyzes the legal basis and practical necessity of the connection between supervisory evidence and criminal procedure evidence,and summarizes the shortcomings and problems of the evidence system in the connection process.The first part is to analyze the theory of supervisory evidence and criminal procedure evidence.This paper focuses on the concepts and characteristics of supervisory evidence and evidence in criminal proceedings.Both supervisory evidence and criminal procedure evidence have the characteristics of objectivity,relevance and legality,but the utility and discipline of supervisory evidence are more characteristic.Because the two kinds of evidence are related and different in the aspects of type of evidence and standard of proof,the criterion of criminal evidential identification of surveillance evidence should be discussed from the perspective of type of evidence in order to construct the connection between the two.The second part mainly probes into the legal basis of the connection between supervisory evidence and criminal procedure evidence and analyzes the necessity of its practice.In the course of the discussion,the legal basis of the two is expounded in terms of their authenticity and complementarity,consistency in target value,and relationship between investigation power and investigation power.This paper expounds the practical necessity of the connection between supervisory power and judicial power,the scarcity of evidence in anti-corruption cases and the need to improve the efficiency of criminal proceedings,and concludes that the connection between supervisory evidence and criminal procedure evidence is of great practical value.In the third part,the author analyzes the concrete cohesion of supervisory evidence and criminal procedure evidence,summarizes the current situation of the cohesion of two kinds of evidence in legislation and judicial practice,and puts forward the problems of evidence cohesion from the aspects of evidence mixing,review system,transformation content and exclusion norm.The fourth part mainly expounded the concrete path of the connection between the supervisory evidence and the criminal procedure evidence,put forward the principle which needs to be adhered to in order to promote the connection between the two,the connection of evidence should carry out the principle of evidence adjudication,the principle of exclusion and the principle of comprehensive transformation according to law.For the improvement of the path: in the standard of proof,"high probability" and "beyond reasonable doubt" of the post illegal,crime of the supervisory evidence to prove;In the aspect of the review procedure,the review procedure of internal evidence transformation should be constructed.In the mode of transformation,it is necessary to verify mainly;In the rules of exclusion,it is necessary to improve the accountability of personnel and external supervision mechanism to better prevent the occurrence of illegal evidence gathering.