Research On The Linking Mechanism Of Supervision Investigation And Identification

The establishment of supervisory organs is not just establishment of an administrative department,it involves not only the change and convergence of power mechanism,but also a series of specific implementation problems in the operation of power.As the representative of scientific evidence,judicial expertise plays an important role in criminal justice.Expertise has always been considered as an indispensable link in criminal investigation activities and subsequent prosecution review and criminal trial.As a supervisory organ inheriting the power of investigation of duty crimes of procuratorial organs,how its newly established power of supervision and investigation has a good connection mechanism with appraisal in the process of supervision and investigation is an urgent problem to be discussed.This article mainly covers three parts.The first part is about the basic issues of the research object.First,through the comparative analysis of the power of supervision and investigation and the power of criminal investigation and administrative investigation,this paper explores the power attribute of the power of supervision and investigation,so as to make a basic power orientation for the nature of the power of supervision and investigation;second,through the analysis of the scientific and evidence application of identification activities,it expounds the positioning of identification in criminal justice activities,so as to clarify the identification and identification.The basic path that should be followed in the connection process of supervision and investigation;the third is to elaborate the operation mechanism of supervision and investigation power of supervision organs in general,so as to provide a basis for the following analysis and appraisal of how to form a benign connection mechanism with supervision and investigation activities.The second part gives a detailed analysis of the development and current situation of the identification in the investigation stage,as well as the problems and reasons found in the research.The purpose of this part is to compare and draw lessons from it for three reasons: first,the power similarity between the supervisory investigation power and the criminal investigation power;second,the power similarity between the supervisory organ and the public security organ;third,the necessity of identifying the supervisory investigation power and the criminal investigation power.Firstly,the necessity of identification in investigation stage is discussed and clarified from three aspects.Secondly,it systematically analyses the problems existing in the establishment of appraisal bodies in investigative organs.It mainly includes the necessity of establishing an appraisal organ in the investigative organ,and the challenge of the appraisal in the investigative stage brought about by the confusion of investigation and appraisal in criminal proceedings.Thirdly,it discusses the allocation of the right of criminal identification in the stage of investigation.Finally,the paper expounds the research suggestions of the existing system and mechanism of investigative organs' built-in appraisal bodies,as well as the future reform goals and development trends.Through the systematic analysis of the relationship between criminal investigation and identification,the problems of identification in the stage of criminal investigation are found,so as to seek a reasonable mechanism for the connection between supervision and investigation and identification.The third part is the focus of this paper,that is,the discussion of the linking mechanism between supervision,investigation and appraisal.Based on the understanding and analysis of the basic problems,this paper systematically establishes the linking mechanism of supervision,investigation and appraisal by referring to many problems and existing situations in the identification of investigation stage.One is to analyze the relationship between supervision investigation and appraisal,that is,the demand for appraisal in the stage of supervision investigation and the role of appraisal in the stage of supervision investigation.The second is to discuss the feasibility and necessity of establishing an appraisal body in the supervisory organs,and make a systematic analysis of the authorization of the law,the characteristics of the supervisory investigation,the reform of the current criminal justice system and the construction of the unified management system of legal appraisal.Thirdly,the implementation mechanism of appraisal in the stage of supervision and investigation is discussed.It includes two aspects: one is to analyze the selection of appraisal in public service and social appraisal institutions in the stage of supervision and investigation;the other is to preliminarily conceive the implementation mechanism of appraisal in the stage of supervision and investigation,which is also a suggestion for future supervision and investigation and appraisal.Finally,it deals with the use of appraisal evidence in the stage of supervision and investigation.Because of the particularity of supervision and investigation,it is necessary to analyze the use of appraisal evidence from the two types of mobile prosecution cases and non-transfer cases.