The Connection among “Threat”, “Enticement”, “Fraud” and “Psychological Coercion” on the basis of big data: Centered on Paragraph 2 of Article 40 of the Supervision Law

摘要

Under the background of big data, this paper analyzes three evidence collection methods that “acts on the mind”. By the statistic analysis of database at “www.pkulaw.cn”, it aims to summarize the connection among them. The Supervision Law has clearly stipulated the rules for the exclusion of illegal evidence, but a new question about the legality of the collection of evidence arises due to the independence of supervision power and the particularity of duty-related crimes. The rules on the collection of evidence are exclusively stipulated in Paragraph 2 of Article 40 of the Supervision Law. Therefore, the identification of the connection among “threat”, “enticement”, “fraud” and “psychological coercion” should be based on the interpretation of this legal text. Furthermore, the specific connotations of “threat”, “enticement”, “fraud” and “psychological coercion” in a supervision process should be specified, current judicial situation should be studied using database of legal from the perspective of empirical research, the connection among “threat”, “enticement”, “fraud” and “psychological coercion” in the evidence collection procedure of a supervision process should be sorted out, and the scope for the exclusion of illegal evidence should be defined reasonably, so as to promote the rule of law across the country.