
Abstract: The Supervision Law stipulates that supervisory evidence can be used as evidence in the Criminal Procedure Law, thereby establishing the eligibility of supervisory evidence to enter into criminal proceedings, and removing the burden of re-collecting supervisory evidencefrom judicial organs. However, after entering into the criminal procedure,supervisory evidence still has to be reviewed foradmissibility and probative force before it can be used as the basis for the final verdict. In the admissibility review,the applicable rules mainly include the rules onthe exclusion of illegal evidence, the rules on the exclusion of unreliable evidence, and the rules on the exclusion of defective evidence.The review of probative forceshould be mainly based on the specific evidence collection procedures in the Supervision Law, and carried out in accordance with standards onreview and determination of various types of statutory evidence provided for in the judicial interpretations given by Supreme Court.At the same time, the confession reinforcement rules should be "placed" at the stage of collection of supervisory evidence.
Keywords: supervision and administration of justice, linkage between evidences, supervisoryevidence, illegal evidence exclusion rule
Author: Dong Kun, a research fellow at CASS Law Institute.
Source: 7 (2021) Journal of Southwest Journal of Southwest Minzu University (Humanities and Social Science)


