监察程序中非法证据排除规则的适用困境及完善

Dilemma and Improvement of the Application of the Rules for excluding Illegal Evidence in Supervision Procedures

《监察法》第33条确立了监察调查程序中的非法证据排除规则,但该规定较为笼统,缺乏具体细致的内容,导致在实际适用过程中存在一系列问题。监察程序中贯彻落实非法证据排除规则是监察机关实现内部监督、防范冤假错案的重要措施,也是保障人权、体现程序价值、维护司法公正的重要途径。在反腐决心仍然坚定、反腐力度持续加大的背景下,职务犯罪案件量增加,案件情况日趋复杂,为尽快侦破案件,非法取证行为时有出现,不仅不利于提高效率,还会影响办案质量。虽然《监察法实施条例》已对监察调查中的非法证据排除规则作了较详细规定,但仍与诉讼程序中的排非规则存在差距。本文对监察程序中应适用非法证据排除规则的法律依据做出概述,论述适用该规则的必要性,探讨实践中存在的困境,探索完善路径,以期监察权的平稳运行,巩固反腐成果。

Article 33 of the Supervision Law establishes the rule of exclusion of illegal evidence in supervision and investigation procedures, but this provision is relatively general and lacks specific and detailed content, resulting in a series of problems in the actual application process. The implementation of the rules on the exclusion of illegal evidence in supervision procedures is an important measure for supervision organs to achieve internal supervision and prevent unjust, false and wrong cases, as well as an important way to protect human rights, embody procedural values, and safeguard judicial fairness. Against the backdrop of a firm determination to fight corruption and a continuous increase in anti-corruption efforts, the number of job-related crimes has increased, the situation of cases has become increasingly complex, and in order to solve cases as soon as possible, illegal evidence collection has appeared from time to time, which is not only detrimental to improving efficiency, but also affects the quality of case handling. Although the Regulations for the Implementation of the Supervision Law have provided more detailed provisions on the rules for excluding illegal evidence in supervision and investigation, there is still a gap with the exclusionary rules in litigation procedures. This article summarizes the legal basis for applying the rule of exclusion of illegal evidence in supervision procedures, discusses the necessity of applying the rule, discusses the difficulties existing in practice, and explores ways to improve it, so as to achieve the smooth operation of supervision power and consolidate the anti-corruption achievements.