监察证据与刑事司法证据的衔接研究

A Research on Connection between Supervision Evidence and Criminal Justice Evidence

监察体制改革是我国政治体制改革的一项重要内容,在监察委员会成立之后,如何实现《监察法》与《刑事诉讼法》的衔接,关键在于如何实现监察证据和刑事司法证据的衔接。证据作为一种能够证明案件事实的材料,其本质归属于哲学上的"认识-价值"二元论,而其标准则又有规范标准和价值标准之分。监委体制改革前的纪检监察证据在本质上与刑事司法证据一致,但两者的价值标准存在差异,由此导致了规范标准的差异。监委体制改革之后,监察证据与刑事司法证据在本质上更加趋于一致,而且价值标准相通,但二者在规范标准上存在差异,为了解决这些差异,在法律规范层面,应该完善监委内部证据转化规范、《监察法》的证据规范以及刑事实体法规范等法律规范,在监督制约层面,应该加强监委内部和外部对监察证据取证行为和证据标准的监督审查。

Reform of supervision system is an important part of China’s political system reform. After the establishment of the supervisory committee, the key of how to realize the connection between the Supervisory Law and the Criminal Procedure Law lies in how to realize the connection between the supervisory evidence and the criminal justice evidence. As a kind of material which can prove the facts of a case, the essence of evidence belongs to the dualism of "knowledge-value" in philosophy, and its criteria are divided into normative criteria and value criteria. The evidence of disciplinary inspection and supervision before the reform of supervisory committee system is essentially identical with the evidence of criminal justice, but there are differences in the value standards between the two, which leads to differences in the normative standards. After the reform of supervisory committee system, the supervisory evidence and criminal judicial evidence are more consistent in essence, and have the same value standards, but there are differences in the normative standards between them. In order to solve these differences, at the level of legal norms, the internal evidence transformation norms of the supervisory committee, the evidence norms of the supervisory law and substantive criminal law norms should be perfected. At the level of supervision and restriction, the supervision and review of the behavior and standards of evidence collection within and outside the supervisory committee should be strengthened.