Research On The Connection Between The Supervision Investigation And Examination And Prosecution Procedure Of Official Crimes

The reform of state supervision system is a huge political reform,which will inevitably face many problems.On one hand,the old system has to adjust to the new changes actively because of the change of the whole social environment brought by the reform.On the other hand,the supervisory system has to deal with its own continuous development and connection with old systems.One of the outstanding problems is the coordination and connection between the investigation and prosecution of official crimes.After the reform of supervision system,the mode of handling cases of official crimes appears new characteristics.The investigation,prosecution and trial are handled by three organs respectively and are regulated by the supervision law and the criminal procedure law,which leads to problems of procedural cohesion.The connection between duty crime investigation and prosecution procedure is actually the connection between different law and law.The supervisory filling of official cases is the sign of transition between supervisory process and judicial process and therefore the supervisory investigation of duty crime has the effect of criminal investigation.The supervision law,as a special law,is applied preferentially,and the general criminal procedure law is taken as a supplement,which is the main basis to solve the problem of procedural convergence.The investigation power of duty crime has the nature of criminal investigation,and the applicable conditions of specific investigation measures should be at least not lower than the applicable conditions of criminal investigation measures.At the same time,special attention should be paid to the standardization and coordination of the use procedures of lien and technical investigation,so as to ensure the unification of legal system,guarantee of human rights and equal application of the principle of law.We should establish and improve the lawyers' involvement mechanism,the supervision mechanism and the early intervention mechanism to provide a guarantee mechanism for the orderly connection between the supervision and investigation of job-related crimes and the review and prosecution process,and promote the linkage and complementarity between the supervision system and other systems,so as to realize the in-depth and mature development of the supervision system reform.