The Connection Between The Supervision Law And The Criminal Procedure Law

Since the pilot of the supervision system reform in 2016,the "Supervision Law of the People's Republic of China " was promulgated in 2018,and the Anti-Malfeasance and Tort Bureau,the Anti-Corruption and Bribery Bureau,and the Corruption Prevention Bureau of the People's Procuratorate were all transferred to the newly established supervisory commission.The three major responsibilities and the twelve measures have been clarified one by one.In the process of the supervisory system reform,the relationship between the supervisory organs and the public security organs,the procuratorial organs,and the judicial organs in litigation should be clarified.The coordination mechanism of the system strictly divides the power boundaries of various organs.In accordance with China's current system,the organs that can intervene in criminal cases and play a role in the criminal case procedures and perform their duties include the public security organs,the people's procuratorates,people's courts,and newly established supervisory commission.In specific cases,these four organs will make connection and crossover inevitably.In particular,how the newly established supervisory committee can smoothly connect with the other three organs that have formed a fixed operation mode in specific cases becomes a problem that must be considered.If the coordination and coordination work is neglected,it will inevitably lead to the ineffective operation of the monitoring mechanism,and may even affect the further advancement of the supervision system reform work.The connection between the supervisory committee and the other judicial organs is essentially the coordination and connection between the supervisory committee and the criminal procedure.The formulation of the "Supervision Law" is undoubtedly the key to the convergence work.The local supervisory organs carry out supervision work under this legal basis.There are some procedural problems in the practice process.The most important problem is that the existing regulations are not clear and imperfect,which makes it difficult to unify the standards in the operation of the program.Based on the background and measures of the current supervisory system reform,combined with the specific problems that have already appeared in practice,this paper analyzes the actual defects of China's supervision system mainly because the existing regulations are too broad,the details are not clear,and human rights protection is difficult to achieve.Then,through the research of domestic and foreign supervisory systems andsupervisory institutions,we can extract the experiences that can be learned,and draw specific ways to learn from them,and find a direction for the reform of China's supervisory system.As the supervisory organ of China,the supervisory commission is fully responsible for the investigation activities of duty crime cases,replacing the investigation activities of the procuratorate,and entering the examination and prosecution after the investigation is over.Therefore,the supervisory authority needs to deal with the judicial organs.Relationships to ensure the smooth conduct of monitoring work.First of all,it is necessary to clarify the similarities and differences between the investigative power and the investigative power.The controversy over the attribute of the supervisory authority's investigative power is mainly due to the particularity of this function.The investigative power is aimed at two types of cases:job-related violations and duty-based crimes.It is only for duty crimes.Therefore,at the level of duty crimes,the investigation authority of the supervisory authority is a kind of investigation power.Secondly,it is necessary to implement the prosecutorial authority's right to public prosecution and play a good role in reviewing,prosecuting and supervising.Finally,we must strengthen the necessity and rationality of lawyers' involvement.At the investigation stage,lawyers are allowed to participate in the case.In addition to providing legal advice and assistance to the respondents,they can also provide opinions to the supervisory organs to protect human rights and improve the efficiency of case handling..Therefore,the idea of connecting the "Supervision Law" and the "Criminal Procedure Law" is to refine existing regulations,supplement blank provisions,and uphold human rights principles.In the face of reform,we must identify reforms and adapt to reforms,and then thoroughly analyze conflicts and contradictions in practice,actively resolve them,promote the evolution of institutions,and help the completion of reforms.