非法证据排除规则在监检机制下的衔接

The Connection of Exclusion Rules for Illegal Evidence under the Supervision and Inspection Mechanism

监察机关是监督国家权力行使的机关,也是对一切国家机关及其工作人员职务违法和职务犯罪活动进行调查的机关。我国《监察法》的出台和监察机关的设立是国家法治建设向前推进的一大步。但是,我们也必须承认,法律法规的出台也必然存在一定的漏洞,比如目前监检衔接机制尚不完善,非法证据排除规则在监检衔接机制中的运用尚处在一个初始阶段,本文就非法证据排除规则在监察机关和检察机关的机制中衔接存在的问题进行列举分析,以及提出几点完善建议。

Supervisory organs are the organs that supervise the exercise of state power and investigate all state organs and their staff’s illegal and criminal activities related to their duties. The promulgation of China’s Supervision Law and the establishment of supervisory organs are a major step forward in the construction of the national rule of law. However, we must also acknowledge that there are certain loopholes in the introduction of laws and regulations. For example, the current linkage mechanism between supervision and prosecution is not yet perfect, and the application of illegal evidence exclusion rules in the linkage mechanism between supervision and prosecution is still in its initial stage. This article lists and analyzes the problems in the connection of illegal evidence exclusion rules under the mechanisms of supervision and prosecution, and puts forward several suggestions for improvement.