Transformation of Supervisory Evidence into Criminal Evidence&nbsp;under the State Supervisory System

WANG Kang-hui

doi:10.12152/j.issn.1672-2868.2019.01.005

Journal of Chaohu University >

2019 , Vol. 21 >Issue 1: 27 - 31+39

DOI: https://doi.org/10.12152/j.issn.1672-2868.2019.01.005

Transformation of Supervisory Evidence into Criminal Evidence under the State Supervisory System

WANG Kang-hui

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Law School, Anhui University, Hefei Anhui 230601

WANG Kang-hui

Received date: 2018-12-22

Online published: 2019-01-25

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Abstract

Abstract:Under the state supervision system, the conversion of supervision evidence to criminal evidence becomes the core content of the connection between the supervision procedure and the judicial procedure. Article 33 of the "Supervisory Law" regulates the use of evidence from three aspects: the transfer of evidence, the standard of evidence, and the exclusion of illegal evidence. But it is still insufficient. In the investigation activities, different levels of evidence standards are adopted according to the dual system of job violations and duty crimes. In addition,the supervision evidence is transferred to criminal proceedings using a differentiation model that follows physical evidence and verbal evidence. Physical evidence can be transferred directly, and verbal evidence needs to be strictly restricted. Finally, under the supervision law, it is necessary to refine the rules for the exclusion of illegal evidence and strengthen the legality review of the evidence by the procuratorial and judicial organs.

Key words： supervision evidence; criminal evidence; standards of proof; exclusion of illegal evidence

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WANG Kang-hui . Transformation of Supervisory Evidence into Criminal Evidence under the State Supervisory System[J]. Journal of Chaohu University, 2019 , 21(1) : 27 -31+39 . DOI: 10.12152/j.issn.1672-2868.2019.01.005

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