- 期刊
Research on the Transformation of Supervisory Evidence and Criminal Judicial Evidence
摘要
After the introduction of the ＂Supervision Law＂ in 2018, the connection between the supervision and investigation of duty‐related crimes and the criminal justice process has attracted much attention. Evidence, as a key factor in determining the direction of the procedure, has naturally become the focus of the transition between the two laws. However, for a long time, the transformation of supervisory evidence into criminal judicial evidence has the following problems: inconsistent standards for the identification of evidence qualifications, imperfect rules for the exclusion of illegal evidence from supervision and related supporting measures, indistinguishable proof standards for duty‐related crimes and duty‐related crimes, and low court appearance rates for duty‐related crime investigators The problem. Based on this, measures should be taken to unify the qualification standards for supervisory evidence and criminal judicial evidence, improve the exclusion rules for supervisory illegal evidence and related supporting measures, build a dual proof standard for supervisory evidence, and improve the mechanism for investigators to testify in court, in order to make supervisory evidence and The criminal justice evidence is connected smoothly.