论非法证据排除规则对监察委办理案件的适用

On the application of exclusionary rule of illegally obtained evidence in the cases handled by the supervisory commissions

非法证据排除规则具有彰显司法公正、提供救济手段和震慑违法取证的价值。中国式非法证据排除规则虽有自身特点,但仍具有这三项价值,适用于监察委办理的案件中具有正当性。然而由于监察委内部权责不明确、与法检地位相差悬殊、程序惯性影响、非法取证行为难以查证等原因,在监察委办理案件中适用非法证据排除规则存在自我排除难以实现、后续刑事诉讼程序排除乏力等困难。因此应对监察委内部机构权责进行明确划分,保障讯问中的全程录音录像,并在《刑事诉讼法》中明确规定该规则的适用,再强化审判中心主义,以实现非法证据排除规则在监察委办理案件中的有效实施。

The exclusionary rule bears the values of demonstrating judicial justice, providing remedies and deterring illegal obtaining of evidence. Although the Chinese-version exclusionary rule has its own characteristics, it still bears these three values. It is, therefore, legitimate to apply the exclusionary rule to cases handled by the Supervisory Commissions. However, due to the unclear internal power and responsibilities of the Supervisory Commissions, the disparity of the status compared with the courts and procuratorates, the inertia of the criminal procedure, and difficulties in verifying the illegally-obtained evidence. The application of exclusionary rule of illegally obtained evidence in the cases handled by the Supervisory Commissions is facing difficulties. For example, the self-exclusion and exclusion in follow-up criminal procedure are both hard to achieve. Therefore, the internal power and responsibilities of the organs of the Supervisory Commissions should be clearly laid out, the full recording of the interrogation should be ensured, the application of the rule should be clearly defined in the Criminal Procedure Law, and the trial centralism should be strengthened to achieve an effective implementation of the exclusionary rule in the cases handled by the Supervisory Commissions.