当前,在查办国家工作人员职务犯罪案件中可否以纪检口供直接定案,成为司法实践中十分棘手的问题。根据现行立法及有关证据学理论,纪检口供并不具有刑事诉讼的证据能力。不能直接作为刑事诉讼证据。实践中,司法机关一般是通过一定方式对纪检口供进行转化,使之成为刑事证据,并作为起诉和定案的根据。在纪检口供转化的过程中,由于相关法律、司法解释的缺位,司法人员只能依靠个人的学识和经验进行,因而主观随意性比较大,从而造成各地司法机关在具体做法上不够统一。要解决这一司法难题,必须对纪检口供的效力及其转化问题进行深入研究。 At present, it can become a very difficult issue in judicial practice to investigate and prosecute directly against the staff members for crimes committed in their jobs. According to the current legislation and the theory of evidence, the evidence provided by the discipline inspection does not have the criminal prosecution evidence. Can not be used directly as evidence of criminal proceedings. In practice, the judiciary generally transforms the record of con sideration through a certain method, making it a criminal evidence and serves as the basis for prosecution and verdict. Due to the lack of relevant laws and judicial interpretations, judiciary personnel can only rely on their own knowledge and experience. Therefore, their subjective arbitrariness is relatively large, resulting in the fact that the judiciary in various places is not unified enough in its concrete practice. To solve this judicial problem, we must conduct an in-depth study on the validity of the accusation and its conversion.