关键词: 权力制约, 证据规则, 审理阶段, 监察机关

Abstract: With the continuous deepening of the reform of the discipline inspection and supervision system,the evidence supplementary inspection system of Chinas supervisory organs gradually presents three modes:the return for reinvestigation,the return for supplementary investigation and direct supplementary evidence.The three modes of supplementary examination of evidence in the trial stage of the supervisory authority have their own reasons for formation and operating mechanisms,and they also have space for independent survival.The return for reinvestigation mode and the return for supplementary investigation mode play a positive role in supervising and restricting the investigation power of the supervisory authority and ensuring the quality of cases,but they are easy to cause contradictions between internal institutions,which leads to lower efficiency of case handling.The mode of the direct supplement of evidence is helpful to improve the efficiency of handling cases and promote internal harmony,but it blurs the boundaries of responsibilities between the internal organs of the supervisory organ,which is easy to lead to the risk of insufficient constraints and more cooperation.In the future,we should uphold the consciousness of rule of law,procedure and evidence,and strictly apply the three modes of supplementary investigation of evidence by supervisory organs in accordance with the law on the basis of ensuring the efficiency of internal supervision and case handling.

Key words: power restriction, rules of evidence, trial stage, supervisory organ