关键词: 刑事程序与证据相关关系, 监察调查, "程序二元、证据一体", 监检衔接

Abstract:

The theoretical model of “procedure binary while evidence consistent” put forward by some scholars is faced with significant obstacles of feasibility. As a typical burden of proof rule in the concentration of the relationship between procedure and evidence, it has the procedural tone, the power constraint and the right allocation, the link function between procedural law and substantive law, and the close relationship with legal facts. Based on this, the basic regulation form of procedure on evidence is viewed. Evidence and procedural rules are characterized by its abstractness, its structuredness and non-structuredness of an evidence system, and its constructiveness of technical provisions and so on. The evolution trend and constant factors of the relationship between procedure and evidence are unified with the strengthening of the regulation effect of procedure on evidence, which reflects the underlying role of legal value target and policy guidance. The basic theory and value of Professor CHEN Guang-zhong’s “dynamic balance view of litigation” expounds and emphasizes the significance of dynamic construction of many important balance relationships in the field of criminal procedure law. The main obstacle of “procedure binary while evidence consistent” lies in the overemphasis on the relative independence of evidence, since and the realization of “evidence consistent” must be based on similar procedure environment.

Key words: correlation between criminal procedure and evidence, investigations by the supervisory commission, “procedure binary while evidence consistent”, connection between the supervisory commission and the procuratorate