| In the past,discipline inspection and supervision organs and procuratorial organs played the most important role in anti-corruption in our country.After carrying out the reform of supervision system,the most important force standing at the forefront of anti-corruption,anti-corruption and anti-malfeasance has been transformed into national supervision organs.Over the past two years,great achievements have been made in the fight against corruption.In the fight against job-related crimes,the Supervisory Committee,procuratorial organs,judicial organs and public security organs have made great contributions.They have become a "chain" of the rule of law to combat job-related crimes.The most direct "link-up" is the link between the Supervisory Committee and the procuratorial organs in the exercise of their functions and powers.Supervisory organs and procuratorial organs,as important forces in combating crimes committed by taking advantage of duty,have many connections in case handling.However,there are still some problems in the coordination and connection between the supervisory committee and procuratorial organs in combating crimes committed by taking advantage of duty,such as emphasizing the independence of the exercise of supervisory power,neglecting external assistance and cooperation,combating crimes and safeguarding human rights temporarily imbalance,and procuratorial organs.The functions of organ review and supervision have not been fully realized,and so on.Based on this,this paper takes the function convergence between the supervisory committee and the procuratorial organ as the research object.Firstly,starting from the different function orientation of the supervisory committee and the procuratorial organ,it will clarify the different function orientation of the supervisory committee and the procuratorial organ and the complementary cooperation within the scope of related business,and understand how to integrate the different supervisory functions of the two through the good interaction of the business functions.This paper summarizes the benefits and characteristics of the convergence of the two after the reform,combs the status quo of the convergence of the functions of the supervisory committee and the procuratorial organs,and reviews the basic framework of the convergence of the two functions,which has been basically established in China,from the six specific issues of the transfer procedure of cases,the judicial review system and the realization of the supervisory functions of the procuratorial organs.Secondly,due to the obstruction of departmental interests,the restriction of the special nature of cases and the principle of legislative norms,there are still some shortcomings in the process of linking up the functions of the supervisory committee and the procuratorial organs,such as the procedure of filing cases,the application of compulsory measures,the application of evidence rules,the judicial review of procuratorial organs and the realization of supervision functions.Finally,the author puts forward some suggestions on how to establish and improve the functional connection between the supervisory committee and the procuratorial organs,which will help to create the first "link" in the more solid and practical "law" connection.This article also involves the exploration of macro propositions such as "trial-centered doctrine","plea leniency","power checks and balances" and "accusation-defense balance doctrine",with a view to eliciting valuable ideas.The reform of the supervision system is fierce.At present,the procuratorial organs should admit that they are not adequately skilled in the function of litigation supervision.In addition to the lack of specific legal basis and rich practical experience for reference due to the incompleteness of the reform,they also attach more importance to cooperation than restriction with previous procuratorial organs at all levels,in pursuit of stabilizing effect,focusing on combating corruption and promoting honesty,and do not attach enough importance to their own supervision function.These factors are related.Based on this,this paper focuses on the functional convergence between the two.After eliminating the dependence on the traditional investigative power of duty crimes,the procuratorial organs should return to the nature of legal supervisors to the greatest extent and re-locate themselves as public prosecution organs and litigation supervisory organs.It is reasonable to believe that,under the background of the rule of law in China,with the continuous improvement and optimization of various systems,he functional cohesion between the supervisory committee and the procuratorial organs will be more efficient,standardized and legalized,and the reform will be pushed to a healthy,sustained and in-depth development track,which is also the only way to promote the modernization of China’s anti-corruption capacity. |
