The Application Risks and Countermeasures of Supervision and Verification Rules

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.