The Basic Scope of China’s Supervisory Evidence Standards and Its Introduction

Abstract

Since the promulgation of the Supervision Law of the People’s Republic of China and the Regulations for the Implementation of the Supervision Law of the People’s Republic of China, the rules of evidence for the supervision and investigation of the supervision organs in China have been gradually established. As the core content of the rules of evidence, the research on supervisory evidence standards is on the rise. Supervisory evidence standards only apply before the trial, is to regulate the supervision organs to collect, fix, review, use of evidence to achieve “evidence is true, sufficient”, enough to bring a public prosecution, and does not involve about the issue of the power of proof, the standard of proof; Supervisory evidence standards have a double legitimacy and independence of the binary attributes, and the two are not in conflict.Secondly, the supervisory evidence standards contain three major realistic functions, which are the function of integrity maintenance, the function of legal benefit protection and the function of education and salvation; finally, the specific composition of the supervisory evidence standards include the standard of evidence collection, the standard of evidence fixation, the standard of evidence examination and the standard of evidence application.