| Since the 18th National Congress of the Communist Party of China(CPC),the Party and the state have raised the anti-corruption work to an unprecedented height,and the problem of anti-corruption has become the focus of the people’s attention.In the current situation,how to focus on the issue of anti-corruption research,develop appropriate coping strategies are of great theoretical significance and practical value.On the connection of discipline inspection and criminal justice,the relevant normative documents include:In September 1989,the CPC Central Commission for Discipline Inspection,the Supreme People’s Court,Supreme People’s Procuratorate,Ministry of Public Security issued a " In the process of investigating and dealing with each other to provide information on the case of the notice,"clearly the discipline inspection organs and the judiciary in the case of cooperation in the work relationship.The amended Criminal Procedure Law of 2012 has added provisions on the use of evidence materials such as physical evidence,documentary evidence,audiovisual materials,and electronic data collected by administrative organs in the course of administrative law enforcement and investigation and handling of cases and can be used as evidence in criminal proceedings.Which effectively solved the problem that the evidence retrieved by the supervisory authority can not be recognized legally.And further strengthened the coordination and cooperation between the procuratorial organs and the judicial organs.Therefore,the most important concern is how to improve the supervision mechanism and discipline inspection organs convergence mechanism.The problems in the current convergence mechanism between the supervisory and inspection authorities in the process of handling cases are the main problems currently facing.If there are any problems in the convergence mechanism,the whole case will suffer heavy losses,and the more serious situation will lead to Case of misjudgment or miscarriage of justice and so on.However,there is still no research on how to coordinate the relationship between the two institutions.So,it is necessary to study the relationship between the supervisory and the inspection bodies in this context.Handling the problem of convergence mechanism,a fundamental guarantee between the effective coordination between the two.This paper firstly analyzes the background and mechanism of anti-corruption in China,and expatiates on the type and concept of anti-corruption.On this basis,it analyzes the connection mechanism between inspection organ and supervisory organ,analyzes the problems of convergence mechanism from six aspects,The discipline inspection organ and the inspection organ have a low degree of cooperation in handling the case,and there are irregularities in the judicial connection between the supervisory organ and the inspection organ,problems in the case transfer process,problems in the operational procedure,The differences in the handling of cases and the legislative deficiencies and problems.The above problems on the discipline inspection and supervision organs and inspection organs convergence mechanism of the deep-seated problem research and discussion,one of the most profound is the operational procedures of the problem,the transfer of cases,the discipline inspection organs do not transfer seized stolen money,stolen goods,The procuratorial organs can not examine the validity and legitimacy of the evidence(documentary evidence and material evidence).Second,the discipline inspection departments to review the object of premature promise.Procuratorial organs did not review the material,hastily accepted,once the suspect or witness after the confession,caught by surprise.In addition,this article from two aspects to its elaboration,respectively,the principle of specific provisions of the provisions of the hand and the quantitative criteria are not clear and so on.This is also the supervisory and inspection organs in the process of handling the problem among the widespread.On the basis of the existing problems,this paper analyzes and explores the causes of the problems mentioned above.In view of the present research situation,there are many reasons for the convergence of the two problems.This paper is the most important one.And the key reasons for the analysis and discussion,and achieved effective conclusion.From the seven aspects of the reasons for an in-depth analysis,respectively,is the lack of evidence of the supervision organs transferred the integrity of the discipline inspection organs as the main evidence involved in the transfer of the subject and evidence of the legitimacy of the two law enforcement system of evidence standards are not uniform The lack of rigidity of convergence mechanism,the lack of initiative in coordinating and cooperating,the big difference between the two mechanisms and the differences in investigation mechanism,which make the convergence difficult.At last,this paper puts forward the measures to perfect the mechanism of convergence between the inspection and supervision organs in five aspects.(2)legislative measures;(3)measures to promote the effective transfer of evidence;(4)measures to promote the legalization of the "two rules";(5)to strengthen the transmission and sharing of information and so on.Through the above measures can effectively improve the link between inspection authorities and supervisory authorities,for the prevention and control of corruption has a very important effect.In this paper,the characteristics and differences of the supervisory organ and the inspection organ in the case handling mechanism are studied.The characteristics of the two are compared and analyzed,and the problems of the convergence mechanism are analyzed.On this basis,The author puts forward some effective countermeasures and suggestions from the above research,which are respectively carried out from the aspects of principle and concrete countermeasures.The research of this paper is of great theoretical significance and practical guidance to the anti-corrosion work.value. |
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