Reviewing Rules Governing Supervision Evidence from thePerspective of Procedural Justice(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2019年01期
- Page:
- 117-
- Research Field:
- 法学研究
- Publishing date:
Info
- Title:
- Reviewing Rules Governing Supervision Evidence from thePerspective of Procedural Justice
- Author(s):
- XIA Wei; LIU Yanhong
- Keywords:
- law-based anti-corruption; epistemological and axiological dualism; rules of evidence; proceduraljustice
- PACS:
- -
- DOI:
- -
- Abstract:
- In building the rules governing the collection and use of evidence at present, we should not onlyunderstand the subjective causality between the evidence and the facts at the epistemological level, but shouldalso carry out the principle of procedural justice embodied in the adversary system at the axiological level.In order to ensure independent supervision, the Supervision Law establishes the rules of evidence whichare centered on the supervision process. This has effectively concentrated the anti-corruption resources andimproved the efficiency of anti-corruption activities. However, selectively absorbing the rules of evidence fromthe Criminal Procedure Law has the risks of violating the principle of procedural justice required by rule oflaw: for example, neglecting the evidence conversion mechanism, excessively relying on verbal evidence andinadequately excluding illegal evidence. In order to reshape the legal model of the rules governing supervisionevidence, on the one hand, we should use the“ delegation function” entailed by Provision 2 of Article 32 inthe Supervision Law to formulate detailed rules governing supervision legislation and take criminal trial as thestandard to make up for the possible inadequacies in the content of the rules governing supervision evidence.On the other hand, we should adjust the criminal procedure and substantive legislation so as to regulate theprocess of collecting, confirming, reviewing and using the evidence for supervision and to shape the mechanismof determining criminal liability.
Last Update: 2019-01-25