Research On The Coordination Of The Operation Mechanism Of The Supervisory Organs And Procuratorial Organs In Criminal

In March 2018,the passage of the "People's Republic of China Supervision Law" marked the beginning of a new stage in China's supervision system reform.The newly established Supervisory Committee has integrated some functions and powers of the procuratorial organs and administrative organs,and exercised the power of supervision,investigation and disposal of state public officials in accordance with the law,and through the "collaborative office" with the party's Disciplinary Committee,trying to build a set suitable for China.A new monitoring system for the prevention and punishment of crimes in the country.In order to meet the needs of the reform of the supervision system,in October of the same year,the Standing Committee of the National People's Congress passed the "Decision on Amending the Criminal Procedure Law"(hereinafter referred to as the new "Criminal Procedure Law").Although the new "Criminal Procedure Law" stipulates the connection between the procuratorial organs and the supervisory organs in the investigation of duty crimes,the exclusion of illegal evidence,and the review and prosecution,the details of the handling of specific issues are not clear,such as in the supervision investigation.Whether the defense lawyers of the respondents at the stage can intervene and monitor whether the filing can be equivalent to prosecution and filing.In the handling of duty crime cases today,due to the imperfect legislation in the criminal proceedings,the connection between the supervisory organs and the operational mechanism of the procuratorial organs is still not perfect,resulting in the fact that the two organs have different application rules in the practice,the existence of the connection procedure,and the individual handling case.The literacy and case-handling ability cannot meet the requirements of handling cases and the lack of specialized connecting institutions.Therefore,it is necessary to construct a coordination mechanism for supervision and inspection,to use standards for uniform handling rules,to establish special connection organs,to establish a business application platform for procuratorial organs and supervisory organs,to allow lawyers to intervene,to monitor evidence transfer and transformation,and to construct a case transfer mechanism.Give the procuratorate the power to investigate and supervise,and promote the smooth connection between the power of supervision and the procuratorial power in criminal justice activities.