刑事诉讼证据与监察证据的衔接问题研究

Research on the Connection between Criminal Procedure Evidence and Supervisory Evidence

摘要: 我国《监察法》的出台，将监察程序与刑事诉讼程序做了区分。许多学者认为，监察证据主要体现于职务类犯罪的证据适用范围，可以从案件范围适用上于刑事诉讼证据做出区分，深度理解不难发现，这只是从《监察法》和《刑事诉讼法》相关规定的概念性理解，不能体系性地对刑事诉讼证据与监察证据的衔接问题进行回答。监察证据和刑事诉讼证据区分的实质重心，应当放在两类证据在个案案件中作为定案根据的可靠性上。

Abstract: The introduction of the Supervision Law makes a dis-tinction between the supervision procedure and the criminal procedure. Many scholars believe that the evidence of supervision is mainly reflected in the scope of application of evidence of duty crimes, which can be distinguished from the scope of application of cases to the evidence of criminal pro-ceedings. It is not difficult to find that this is only a conceptual understanding from the relevant provisions of the Supervision Law and the Criminal Procedure Law, and it is unable to systematically answer the question of the connection between criminal litigation evidence and supervision evi-dence. The essential focus of the distinction between supervisory evidence and criminal litigation evidence should be placed on the reliability of the two types of evidence as the basis of decision in individual cases.