Study On The Relationship Between Supervisory Lien And Criminal Detention Power

Deepening the construction of the Party's purity of work and building a anti-corruption national legislation and a comprehensive monitoring system covering state organs and public officials,is the main road of the anti-corruption and anti-corruption work in the near future.With the enactment of the Supervisory Law,the supervisory power system aggregated the decentralized supervisory power of different nature,set up independent and special supervisory organs,and endow the supervisory power with constitutional status through constitutional amendment and authorization of the National People's Congress.As the fundamental law of the country,on the one hand,the Constitution clarifies the power attribute of the supervisory power and the function orientation of the Supervisory Committee;on the other hand,it promotes the supervisory organ,procuratorial organ and judicial organ have jointly formed a pattern of cooperation and mutual restriction from the relationship level,forming a criminal case handling procedure which links supervision,investigation,prosecution and trial,but also faces the problems of the connection and demarcation between the supervisory power and the criminal judicial power.This paper holds that supervisory lien as one of the powers of supervision and investigation,with the micro perspective of the relationship between supervisory lien and criminal custody power.It needs to look back all the supervision system and can not be simply understood as the application of compulsory measures in the field of supervision and investigation.Supervisory Law,as a reference to the Criminal Procedure Law and a power to explore the reform of the supervisory system,the right of supervisory lien has formed a relatively complete power operation system in the aspects of examination and approval,time limit of authority,right relief,judicial connection and so on.Although supervisory lien and criminal detention have their own independent application stages,there is no overlapping relationship between them in the process through the connection of supervisory lien and criminal detention,but it does not mean that the power relationship between them is naturally distinct.On the contrary,there are many intersections on the issues of procedural convergence,time limit calculation,place conversion and so on.We need to pay more attention to the legitimacy of power convergence,and give full consideration to the legal interests of each procedural node.When measuring the relationship between supervisory lien and criminal detention,we should make it clear that the National Supervisory Law and the Criminal Procedure Law are at the same level of validity,which is not the relationship between the general law and the special law.It is not meaningful to study whether the two laws are superior to.Its real value lies in the connection and division of power relations.In the follow-up legislative perfection of the Supervisory Law,we should clearly distinguish the two stages of duty-related illegality investigation and duty-related crime investigation,and take the criminal case filing as the demarcation point of the two stages,so as to distinguish the means authority and procedural standards of different investigation stages,to prevent the application of duty-related crime investigation authority to duty-related illegality investigation.It is necessary to revise the Criminal Procedure Law to set up guiding clauses to clarify the application of relevant provisions of the Supervisory Law to the investigation of duty-related crimes,and to link up with the basic principles of the Criminal Procedure Law and the overall proceedings.In view of the power management relationship between supervisory lien and of criminal detention,we should refine and perfect the procedural norms of supervisory lien and strengthen the connection between them.