Research On The Connection Between Supervision Investigation And Criminal Proceedings

Since the reform of the supervision system,the State Supervision Commission has become the highest supervisory organ in China,and it has exercised the power of supervision without interference.The supervision committee handles crimes involving duty crimes.After the investigation is over,the cases are transferred to criminal proceedings.The procuratorates and courts conduct examinations and trials.The supervision investigations are closely related to criminal proceedings.To discuss the connection between supervision investigation and criminal procedure,we must not only focus on the process of the investigation stage and the criminal procedure stage,but also focus on the relationship between the supervisory authority and the judicial organs.In,the process of monitoring the investigation and criminal proceedings,the supervisory committee should grasp the relationship with the judiciary in the coordination and restriction according to the relevant provisions of the Supervision Law,so as to ensure the efficient and fair handling of duty crime cases.The judicial organs mentioned in this article mainly refer to the procuratorial organs and the judicial organs.Through the analysis of the relationship between the supervisory organs,the procuratorial organs and the judicial organs,and the procedural docking,the issue of the connection between the investigation and the criminal proceedings is clarified.This article consists of the following four parts in addition to the introduction:The first part is about the change in the relationship between the supervisory authority and the judiciary.From the historical evolution,we talked about the status quo of legislation,and the evolution of the relationship between the supervisory organs and the judiciary,paving the way for an in-depth understanding of the convergence of surveillance investigations and criminal proceedings.The second part focuses on the connection between surveillance investigation and prosecutorial review.Firstly,from the comparison between the power of supervision and the power of prosecution,the supervision and control of the procuratorate and the legal supervision of the investigation activities of the inspection committee by the procuratorate are analyzed in detail.Through the analysis of procedures,evidence and enforcement measures,the process of monitoring the investigation and prosecutorial review in the proceedings is explained.The third part is the connection between supervision investigation and criminal trial.As the investigation authority,the Commission has an indirect relationship with the court in the handling process of duty crime cases.On the one hand,the supervisory and judicial organs are mutually restrained.On the other hand,the supervision investigation is connected with the trial procedure,and the court independently determines the existence of the fact of the crime of duty by exercising the jurisdiction.The fourth part is some thoughts on how to improve the process of monitoring investigation and criminal procedure.The power of the supervision committee is concentrated and "high weight" should prevent the emergence of investigation centerism.While exercising the power of supervision,it is also necessary to guarantee the judicial authority of the procuratorate to exercise the power of procuratorial power independently,and adhere to the principle of trial-centeredness.It is clear that the investigation work of the supervisory committee should be carried out around the final trial work,thus establishing a scientific position.Criminal litigation structure.