监察印证规则的适用风险及其应对

The Application Risks and Countermeasures of Supervision and Verification Rules

  • 摘要: 《中华人民共和国监察法》首次以法律形式规定监察印证,其虽与刑事印证存在一定关联,但因二者的表层差异与本质分野而呈现独立性。对监察印证规则的适用现状考察发现,该规则适用存在三重风险:规则模糊适用易导致同案不同判、印证固有的证据自身合法性问题更为凸显、可能堕入“调查中心主义”窠臼。毋庸置疑,这些风险实属中国特色反腐语境下的制度性伴生问题,但监察印证作为贯穿监察权运行、衔接司法程序的核心环节,也是消解上述风险、推进监察法治化的关键通道。因此,应细化监察印证规则的适用标准,强化印证规则与自由心证的融合,并完善监察与司法在印证规则上的衔接机制,实现监察印证规则的规范适用。

     

    Abstract: Oversight Law of the People's Republic of China stipulates supervision corroboration for the first time in legal form. Although it has certain connections with criminal corroboration, it exhibits independence due to the superficial differences and essential distinctions between the two. An examination of the application of supervision corroboration rules reveals three risks: the vague application of rules can easily lead to different judgments for the same case, the inherent legality issue of corroboration evidence becomes more prominent, and it may fall into the trap of "investigation-centeredness". Undoubtedly, these risks are institutional concomitant issues in the context of anti-corruption with Chinese characteristics. However, as a core link that runs through the operation of supervisory power and connects judicial procedures, supervision corroboration is also a key channel to eliminate the above risks and promote the legalization of supervision. Therefore, it is necessary to refine the application standards of supervision corroboration rules, strengthen the integration of corroboration rules and free evaluation of evidence, and improve the connection between supervision and justice in corroboration rules, in order to achieve the standardized application of supervision corroboration rules.

     

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