Research On The Connection Mechanism Between Supervision Power And Procuratorial Power In The Implementation Of "Supervision Law"

As a landmark event in China's anti-corruption struggle,the reform of the national supervision system has reconstructed the establishment of state institutions,the allocation of power,and the state supervision system.As the organ most affected by this reform,the procuratorate has been in a difficult relationship with the supervisory authority from the moment the function was transferred.Due to the different nature of the supervisory organs and the procuratorate,there are differences in the attributes of power,and supervision and supervision are different from prosecutorial supervision.How to define the relationship between the two,to jointly play the combined role of anti-corruption,and promote the in-depth development of China's anti-corruption work is an important direction of this paper.In fact,in the process of monitoring the reform of the system,the relationship between the supervisory authority and the procuratorate,the "supervision law" and the "criminal procedure law" has always been a key issue for scholars.Although the interface between the power of supervision and the procuratorial power has been initially established,due to the limited rationality of the legislators,there are still many vacancies and connections between the two.In the implementation of the "Supervisory Law",the perfection of the articulation machine requires not only reaching agreement on the system norm,but also forming an orderly docking at the actual operational level.Therefore,many important issues need to be considered: First,it affects the power of supervision and procuratorial power.The factors of convergence;the second is the power attribute and authority boundary of the two organs,especially the power attribute of the supervisory power and the legal status of the procuratorial organs after the integration of functions and the attribution of their power attributes,which is related to whether the two organs can successfully and effectively Establish a convergence mechanism.The third is how the monitoring and procuratorial power linkage mechanism should be presented and operated.This article is divided into four parts.The first part introduces the relevant situation of the formulation and implementation of the Supervision Law.It briefly introduces the relevant content of the Supervision Law and the major achievements in its formulation and implementation,and focuses on the impact on the procuratorate in this process.The second part of the article is to analyze the dilemma of the connection between the supervision power and the procuratorial power during the implementation of the Supervision Law and the reasons for the dilemma.The dilemma of convergence is mainly reflected in the unclear nature of the investigation power of the supervision committee,the inconsistent docking department,the uncoordinated filing procedure,the improper conversion of compulsory measures,the legality of the evidence in the connection,and the protection of rights.In the context of integrating relevant materials and combining practices,further explore the reasons for this dilemma.The third part of the article is mainly about the theoretical level of the connection between supervision power and procuratorial power.This part mainly includes the nature of the supervision committee and the nature of power,especially the discussion of the power of investigation power and the study of the legal orientation and power attribute of the procuratorate after the integration of functions,in order to provide corresponding theoretical support for the connection of power.The fourth part of the article puts forward suggestions for perfecting the connection mechanism between supervision power and procuratorial power in the implementation of the Supervision Law.It is important and difficult to achieve an orderly connection between the two.This part mainly includes the basic requirements that should be followed in the connection,perfecting the supporting legal measures and improving the key points of convergence.