监检衔接中被调查人言词证据层级转化规则之构建OACHSSCD

Under the framework of"integration of procedural dual evidence",the connection between su-pervision evidence and criminal evidence has become an important standard to test the relationship between su-pervision and inspection in the new era.From the perspective of evidence philosophy based on the"recogni-tion-value"dualism,the mixed connection mode of the verbal evidence of the investigated person in the super-vision and inspection connection process has the drawbacks of emphasizing efficiency over procedure,overly emphasizing the role of efficient anti-corruption,and neglecting the realization of values such as procedural jus-tice and human rights protection.Therefore,it is particularly important to establish a set of hierarchical transfor-mation rules for the verbal evidence of the respondents in order to resolve the contradiction between cognition and value.At the internal transformation level,the verbal evidence in the initial nuclear stage follows the mode of"prohibited in principle+special transformation",and the hierarchical transformation rules of"prohibited transformation of disciplinary evidence,restricted transformation of illegal evidence,and direct access of crimi-nal evidence"are formed in the type of evidence.At the external cohesion level,the dual-track model of prose-cutorial intervention in advance and verbal evidence review should be perfected from the perspective of trial as the center,and the procedural review and illegal exclusion rules of verbal evidence should be improved from the perspective of procedural justice,so as to realize the dual value of discovering truth and value protection,and improve the quality effect of anti-corruption.