Research on the coherence of evidence between supervision and criminal proceedings
The core of coherence between supervision and criminal proceedings is the connection of evidence.The Supervision Law of the People's Republic of China has set up a basic framework for the coherence of evidence between supervision and criminal proceedings.However,due to the relatively careless provisions,there are still some differences in understanding and problems in practice.According to the legal dogmatics,the Supervision Law of the People's Republic of China has endowed the supervision evidence with the qualifi-cation of access to criminal proceedings,made the Criminal Procedure Law of the People's Republic of China the legal source of obtaining supervision evidence,and set up the exclusion rules of illegal evidence that show the characteristics of obtaining supervision evidence.However,problems still exist in practice,such as the disparity in the type of evidence,the distinct evidence-obtaining norms and the differences in review criteria.Therefore,it is suggested that these two laws should keep a foothold for the overall framework of legal order,take into account both the judicial principles and the attributes of supervision,and seek a reasonable and coor-dinated path to the coherence of evidence in terms of value.In this regard,the balance and effective connection between supervision and criminal justice can be realized at the level of value.
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维普
