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Research On The Problems Of Connecting The Supervision Law With The Criminal Procedure Law

Posted on:2020-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X W SunFull Text:PDF
GTID:2416330590462307Subject:legal
Abstract/Summary:PDF Full Text Request
The formulation and promulgation of the Supervisory Law is the concrete embodiment of the important decision-making and deployment of deepening the reform of the national supervisory system and strengthening the self-supervision of the Party and the state.The adoption of the amendment to the Criminal Procedure Law has further promoted the connection between the supervisory procedure and the criminal prosecution procedure.However,its specific cohesion is still imperfect and needs to be further discussed in theory.The Supervisory Law and the Criminal Procedure Law are on the same level in the dimension of duty crime,and have the natural basis of cohesion.They are the concrete implementation of anti-corruption of the Constitution.On the basis of straightening out the boundaries between duty-related crimes and duty-related crimes,administrative sanctions and criminal investigation,we can do a good job of cohesion between them by grasping the principle of coordination and restriction,The differences in legislative purposes and institutional provisions between the current Supervisory Law and the Criminal Procedure Law lead to problems in the connection of jurisdiction,investigative power as well as compulsory procedure.This paper probes into the essential attributes of case jurisdiction,investigation right and investigation right,and lien right respectively,and further explains the relevant provisions of the existing supervision law.In case jurisdiction,it puts forward suggestions for three different situations: level,region and related case jurisdiction.In terms of supervision investigation right and procuratorial investigation right,it has clear boundaries.On the premise of close cooperation.The compulsory measures in the supervisory system and the criminal procedure system have different provisions,among which the detention measures are the most controversial.The cohesion of compulsory measures can be achieved through the determination of the place of detention and the change of measures in the process of progressive and reverse flow.Finally,I hope that through the establishment and development of the lawyer's meeting system,we can further strengthen the supervision of the operation of the supervisory power.The third party's intervention is used to remedy the loopholes in the supervision system.
Keywords/Search Tags:Supervision Law, Criminal Procedure Law, Cohesion
PDF Full Text Request
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