The Connection Between The Monitoring Investigation And The Review Of Prosecution Of Duty Crime Under New Situation

The reform of the monitoring system has brought the duty crime to a new situation,under this new situation,the power to investigate duty crime has the following characteristics: the uniqueness of the investigation subject,the broadness of the investigation object,the extensiveness of the investigation measures,and the particularity of the investigation procedure.How to realize the orderly connection between the monitoring investigation and the review of prosecution is a prominent problem in the current criminal justice practice.The current law stipulates the connection between the two,including the connection of the referral for prosecution by monitoring organization and the review of prosecution by procuratorate organization,the connection of lien with criminal compulsory measures in procedural aspects;the transformation of monitoring evidence,the exclusion of illegal monitoring evidence,and the supplement of monitoring evidence in evidence aspects.But there are some shortcomings and difficulties in the existing connection methods.Procedural aspects include: the dilemma of transforming monitoring procedure into judicial procedure,the dilemma of returning supplementary investigation,the dilemma of connecting lien with criminal compulsory measures;evidence aspects include: the dilemma of connecting audio and video recordings,the dilemma of connecting exclusion rules of illegal evidence,and the dilemma of connecting evidence supplement.To make the connection between the two more perfect,we should perfect it from the following three aspects combined with the investigation of foreign duty crime system and its enlightenment to our country: at the institutional level,the criminal filing system of monitoring organization for duty crime should be established,procuratorate organization should apply the system of non-prosecution with insufficient evidence;at the practical operation level,the unity of fairness and efficiency should be followed,clarifying the following issues: applicable situation and specific operating method of returning supplementary investigation,whether and how to convert criminal compulsory measures when returning supplementary investigation,the evidence ability and types of audio and video recordings,the evidence excluded by the monitoring organization should not be transferred with the case,identifying "illegal methods" by double standards,applying the exclusion rule of repetitive confessions,and the burden of proof of the monitoring organization;at the working mechanism level,Mechanism of “coordination of monitoring and litigation” should be established,“combination of capture and prosecution” should be improved..