| The reform of the supervisory system retains the procuratorate's power of criminal prosecution and investigating some cases of duty crimes.The reorganized supervisory committee and the joint office of the Discipline Commission have the power of investigating duty crimes.The reorganization of the organs and powers makes the evidence obtained by the investigation need to be directly applied to judicial trial.The reform of supervisory system is an important way to solve the problem of inconsistent connection between discipline and law enforcement.Therefore,it is necessary to analyze the reasons for the inconsistency of applicable laws and procedures between the supervisory committee and the procuratorate in the coordination of powers and powers in the process of prosecution of duty-related crimes;to study the standardization of procedural and substantive examination in the transfer of duty-related crimes;and to explore how to avoid supervisory procedures.Exemption from investigative centralism and safeguarding the legitimate rights and interests of the investigating objects through lawyers and other means.Then through the cooperation and supervision between the power of supervision and investigation and the power of procuratorial public prosecution,investigation and judicial review,we can achieve the restrictive effect between public power,give full play to the function of legal supervision of procuratorates and the function of investigation and supervision of supervisory committees,realize the original intention of the establishment of supervisory committees while safeguarding the authority of procuratorates,and achieve the full coverage of supervision.In terms of literature,through horizontal comparison with Hong Kong,Singapore,Britain,France and other Anglo-American or continental law countries and regions,as well as vertical comparison of the development of supervision system and institutions from Zhou Dynasty to Tang Dynasty,Ming Dynasty to today,we can draw on the experience of cooperation and restriction between supervision investigation and criminal procedure.In recent years,the research on the nature of the status or legal powers of the supervisory committee and the procuratorate brought about by the reform of the supervisory system has become a research hotspot.However,most of the studies are only carried out unilaterally by the supervisory committee or the procuratorate,but not from the coordination and cohesion between the two.Although the relevant systems and norms between the supervisory committee and the procuratorate in other areas or in ancient China have been relatively perfect,they are still controlled by Because of the basic national conditions,political system and different periods,the system and norms can not be copied and applied.After absorbing the advantages of the connection between investigation and public prosecution,clarifying the difference between investigation power and investigation power,drawing on the practical guidance and theoretical basis of coordination and connection of relevant functions and powers of supervision departments and procuratorial departments in countries or regions with high integrity index,and combining with the reorganization of departments and powers brought about by the current reform of supervision system,the supervisory committee has absorbed the anti-corruption,anti-malfeasance and prevention of duty crimes of the procuratorate,etc.The Department has the right to investigate 88 crimes committed by taking advantage of duty,and retains the procuratorate's right to examine and prosecute such cases,as well as the right to investigate some crimes committed by taking advantage of duty.To achieve the balance between the supervisory power and the procuratorial power is the need to guarantee the normal operation mechanism of anti-corruption.Supervisory procedure and criminal procedure can link up efficiently.Through filing cases,investigating,transferring cases to the end of investigation,entering the procedure and applying evidence,a standardized and concretely coordinated connection mechanism can be established.It has certain reference value in improving the efficiency of prosecution of official crimes,avoiding the arbitrary expansion and abuse of power,and ensuring the healthy development of the supervision system reform.The first part is an overview of the source and construction of the supervisory power.By comparing the exercise of oversight power abroad and the evolution of oversight organs in ancient China,the origin of procuratorial power as the fourth national power is discussed.From the establishment of supervision organs to explore the composition of power,that is,the core content of duty crime investigation power.The second part compares the changes between the supervisory power and the procuratorial power after the reform of the supervisory system,and discusses the theoretical basis for the convergence of the two powers.The theory of coordination and restriction of rights makes both powers contain the power of investigation and investigation of duty crimes.There is a procedural sequence in the process of joint prosecution of crimes.Therefore,while cooperating,they must restrict each other.The third part is about the inconsistency of procedures and applicable standards between the two powers in the initial stage of coordination and cohesion.Through in-depth investigation of county and district supervisory committees to understand the current situation of investigation and transfer of duty-related crime cases,this paper sums up the difficulties existing in the coordination of powers and powers of prosecution and supervision,including the inconsistency of supervisory procedures and litigation procedures,the application standards of evidence,the existence of investigative centralism,and the inadequacy of standardized cohesion mechanism.The fourth part puts forward some immature suggestions from the theoretical basis to practical problems,mainly including filing cases,application of evidence,human rights protection and transfer of cases. |
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