试论纪检监察证据向刑事证据转化的几个问题

按照目前我国的反腐体制,党员、公务员的违纪行为由纪检监察机关查处,达到犯罪程度的移交司法机关办理。由于纪检监察证据与刑事证据的性质不同,这就需要将其转化为刑事证据。言词证据的转化实行实体和程序双重审查的方法,实物证据的转化只进行程序上的审查。对纪检监察人员违反规定取得的言词证据,原则上应予排除。对纪检监察人员违反规定取得的实物证据,原则上不排除。对纪检监察人员使用秘密调查手段获取的证据,实行例外不排除。对纪检监察人员使用调查陷阱和私人不正当手段获取的证据,应予排除。

Talk About Several Questions that the Evidence of Disicipine Inspection Transforms to the Criminal Evidence

According to the anti-corruption system of our country at present, the Party members and civil servants' activities that are against the disciplines will be examined by the supervisory organ.They will be transfered into the judicial authority which reaches the criminal degree.Because of the differences between discipline inspection evidence and criminal evidence, it needs to turn discipline inspection evidence into criminal evidence.The transformation of the evidence of the words implements double methods that examine of entity and procedure; The transformation of the tangible evidence only carries on the examination on the procedure.Violated word evidence that made by personal discipline inspection, should get rid of in principle; Violated tangible evidence that made by personal discipline inspection, does not get rid of in principle.Obtained evidence that is investigated secretly to the personal discipline inspection, does not get rid of the exception; Obtained evidence that is used investigation trap and private improper means to personal discipline inspection, should be with getting rid of .