纪委监委适用非法证据排除规则研究

Research of the Application of Exclusionary Rule of Illegally Obtained Evidence by Commission for Discipline Inspection and Supervision

职务犯罪调查和审判中的根本问题是证据。根据《中华人民共和国监察法》可知,纪委监委应把审查证据放在首位,实现与刑事审判证据审查标准相一致。在新形势下,纪委监委必须用合法的方式进行收集证据,在办案工作中合理地贯彻非法证据排除规则。对此,纪委监委需提高对非法证据排除规则的认识,规范适用非法证据排除规则。

Evidence is the very core of the investigation and trial of work-related crimes.According to the Supervision Law of the People’s Republic of China,the commission for discipline inspection and supervision should give priority to evidence assessment and use the same assessment standards as criminal trials use.In the face of new situations,the commission for discipline inspection and supervision must collect evidence legally and stick to the exclusionary rule of illegally obtained evidence.In this light,the commission for discipline inspection and supervision need to strengthen their understandings of the exclusionary rule of illegally obtained evidence and fully practice the exclusionary rule of illegally obtained evidence.