Research On The Connection Between Supervision Investigation And Criminal Procedure

The reform of the supervision system in China is not only the reform of the political system but also the reform of the legal system.Supervisory power is essentially the power of supervision,which has different attributes and operational logic from prosecuting power and judicial power.The results of the investigation of duty-related crimes by the supervisory authorities are in fact subject to the examination of the prosecuting power and the judicial power.Therefore,the connection between the supervision mechanism and the criminal judicial procedure has great theoretical and practical significance.The core of the connection between supervision mechanism and criminal judicial procedure lies in the connection between supervision and public prosecution.The power of supervision is a combination of political power and legal power.The supervisory committee is the dual executive authority of party's discipline and legislative law.The reform of the supervision system,especially the investigation of duty-related crimes by the supervisory authorities with strong political attribute,is not conducive for the entire criminal justice system to develop a thorough adversary model,and will strengthen the current criminal procedure structure of "division of responsibility".China has promoted the legislation of supervision under the inquisitorial system,and in practice,the procuratorial authorities have intervened in the supervision investigation phase before the beginning of statutory criminal procedure.In order to bridge the supervisory investigation and the current criminal procedure,it is necessary to carry out various aspects of system improvement.The connection between the supervisory investigation and the criminal judicial process should be reshaped from the perspective of external constraints on the power of supervision and the principles of trial-centrism and judicial final remedy.The right of the respondent to obtain the help of a lawyer should be guaranteed;the right to sue and appeal of the respondent should be guaranteed to ensure that the respondent can promptly obtain relief when the supervisory authority violates the law;the legality and necessity of the detention taking by the supervisory authority should be subject to judicial review;for cases of duty-related crimes investigated by the supervisory authority and transferred to the procuratorate,the court must adhere to the trial-centrism and avoid using interrogation transcripts and written witness testimony to replace the trial hearing;the evidences obtained by the supervisory authority is also subject to the rules of exclusion of illegal evidence,and the procuratorate should review the evidences in accordance with the illegal evidence exclusion procedure at the pre-trial stage,and the court also has the power to exclude illegal evidence.Supervisory investigation should be incorporated into the framework of the rule of law and due process.