}
TSINGHUA CHINA LAW REVIEW
Convergence of Evidence Systems: Challenges and Pathways under China's Oversight and Criminal Procedure Laws
Created on:2026-02-07 12:07 PV:95
By CHEN Bolin |   |   Download Full Article PDF

Abstract: The coordination and unification of the Oversight Law and the Criminal Procedure Law are crucial guarantees for handling duty-related crime cases and inherent requirements for deepening the reform of the national oversight system. Based on considerations such as the unified coordination of the legal system, the protection of citizens' fundamental rights, and judicial efficiency, the convergence of evidence has become the nexus linking these two laws. Given the characteristics of duty-related crime cases, the oral evidence of the person under investigation is central to this evidentiary convergence. Currently, there remains room for improvement in both legislation and judiciary regarding evidence convergence. Issues include the lack of a differentiated review approach for oversight evidence, the systemic positioning of the statements, confession, and arguments of the person under investigation, and difficulties in implementing the rules for the exclusion of illegal evidence. In response, a differentiated review approach towards oversight evidence should be upheld. Combining the 2024 Oversight Law of the People's Republic of China and the 2025 Regulation on the Implementation of the Oversight Law of the People's Republic of China, interpretations should be provided for the aforementioned issues, considering factors such as the political orientation of the oversight procedure and the protection of fundamental human rights, thereby offering solutions for evidence convergence.