纪检监察证据在刑事诉讼中的合理运用

On the Rational Use of Discipline Inspection Evidence in Criminal Procedure

尽管纪检监察部门和检察机关之间的联合办案和证据转化有助于解决现行反腐败体制在实践中面临的问题,但这两种措施无论在理论上还是在实践中均存在明显缺陷。而在新刑事诉讼法突破传统的刑事证据合法性理论之后,我们可以考虑允许检察机关在刑事诉讼中直接使用纪检监察证据。这既是由违纪行为与腐败犯罪之间的竞合所决定的,又有助于提高刑事司法效率。但为了确保检察机关合理运用纪检监察证据,有必要对纪检监察证据在刑事诉讼中的适用条件和适用程序作出明确规定。

It is helpful for the joint investigation and evidence conversion between discipline inspection organs and the procuratorial organs to resolve the problems that exist in the current anti-corruption system in practice. However, these two measures have clear defects in both theory and practice. Since the new criminal procedure law has broken through the traditional legal theory of criminal evidence, the procuratorial organs may be allowed to directly use discipline inspection evidence in criminal procedure. This is because there is a concurrence relationship between violations of discipline and the corruption crimes, and it is also helpful to increase efficacy of criminal justice. But in order to ensure that procuratorial organs rationally use discipline inspection evidence, it is necessary to clearly provide the application conditions and procedures of discipline inspection evidence in criminal procedure.