Study On The Connection Mechanism Between Duty Crime Supervision Investigation And Prosecution

In the supervisory system reform,the supervisory organ is in charge of duty crime investigation case,the procuratorial organ is responsible for examination and prosecution.But the supervisory organ is different from the judicial organ because of its special political.Realizing the transition from supervisory investigation to prosecution cannot be copied from the relevant provisions of the Criminal Procedure Law.Ensuring supervision of duty crime investigation and prosecution shall be smooth cohesion is the main task of the current supervision system reform.The investigation and examination of job-related crimes are independent in organizational system.In terms of procedural cohesion,duty crime investigation and prosecution are interrelated.On the one hand,both of them have the function of prosecution,and the synchronicity of litigation function determines the existence of the cooperative relationship between them.On the other hand,both of them have continuity in procedure,and duty crime investigation should serve for examination and prosecution.In terms of the exercise of power,there is a mutual restriction between the supervision and the prosecution,but the restriction should be limited.In essence,the connection between the investigation and prosecution is the connection between the supervision procedure and the criminal procedure.With the development of the supervisory system reform,the supervision of duty crime and prosecution of cohesive devices is improving,but there are some problems in the connection of the duty crime supervision investigation with prosecution,including the connection with lien and criminal compulsory measures,the supervisory evidence and criminal evidence,and the decision of the procuratorial organ decide.These problems are challenge to the smooth operation of the procedure and the connection between duty crime investigation and prosecution.Firstly,the subject of state compensation is unknown when the criminal responsibility is not investigated after the first detention.And there is a risk of formalization for the procuratorial organ to take follow-up compulsory measures after first detention.Secondly,in the connection between supervisory evidence and criminal evidence,the connection between supervisory evidence and criminal evidence lacks a unified standard of evidence,and the procuratorial organs have difficulties in applying the rule of eliminating illegal evidence to supervisory evidence.At the same time,the mixed nature of the evidence collected and transferred by supervisory organs increases the pressure on the procuratorial organs to some extent.Finally,there are some problems when the procuratorial organ makes the examination decision.Whether the procuratorial organ has the right to transfer the synchronized audio and video recordings to the court and present them as evidence for prosecution after making the decision of prosecution is not clearly stipulated in the law of supervision.The two laws also do not stipulate whether the procuratorial organ has the right to directly make a decision not to prosecute if there is still insufficient evidence after the two supplementary investigations.If the law does not provide for the case in practice,the procuratorial organ for the above situation will be at a loss.In addition,because of the strong position of supervisory organs and the restriction of procuratorial organs at the next higher level,procuratorial organs tend to make prosecution decisions,which is not conducive to the construction of procuratorial organs' substantive review mechanism.There are some problems to be solved in the connection between duty crime supervision investigation and examination and prosecution,which hinder the smooth connection between the two.Therefore,to find out the root of the problems and properly solve the problems in the connection is the key to ensure the smooth operation of the procedure.On the one hand,the new establishment of duty crime supervision investigation procedure has its particularity.The new system and the special political positioning of supervisory organs make it necessary to constantly adjust and improve the corresponding national system to connect the investigation of job-related crimes with the examination and prosecution so as to promote the development of the supervisory system by solving the problems in the connection.On the other hand,the process of duty crime supervision and investigation tends to be closed.In the design of the procedure of duty crime supervision and investigation,the supervisory organ adopts the principle of internal control.The smooth connection between the investigation of job-related crimes and the examination and prosecution is related to the effectiveness of the reform of the supervisory system.From the macroscopic aspect,we should be guided by the realization of the value goal of the formal rule of law and the substantial rule of law,improve the general provisions of the supervision law,reduce the discretionary space of the supervisory organs,strengthen the legal status of the procuratorial organs,and guarantee the substantive review of the procuratorial organs.From the micro point of view,including the following seven aspects:first,to determine the procuratorial organ as the state compensation obligatory organs,to protect the right of criminal suspects to obtain state compensation;Secondly,the system of changing arrest in the supervision procedure should be established to clarify the relevant responsibility subjects when returning the supplementary investigation.Third,the procuratorial organs to build a substantive review mechanism to prevent the review of compulsory measures to determine the risk of formalization;Fourth,establish supervisory evidence standards consistent with the standards and requirements of evidence in criminal trials,and unify the standards of evidence standards for the connection between supervisory evidence and criminal evidence;Fifth,improve the synchronous sound recording and video recording system,expand the scope of synchronous sound recording and video recording,and implement the separation of recording and review mechanism;Sixth,we should improve the application of the rule of excluding illegal evidence in criminal proceedings in supervisory cases,unify the definition of illegal methods in the two laws,and increase the means for procuratorial organs to examine the legality of evidence.Seventh,we should improve the types of non-prosecution decisions and strengthen the reasoning and interpretation of the decision in writing so that the decision can be justified.The above measures can effectively improve the connection between supervisory investigation and examination and prosecution,promote the transition from supervisory procedure to criminal procedure,and have a very important effect on the prevention and control of corruption.