Research On The Problems Of The Linkage Of Discipline And Law In The Reform Of Discipline Inspection And Supervision System

Deepening the reform of discipline inspection system and national supervision system is an important deployment made by the Nineteenth National Congress of the Party.Promoting and completing the supervision system of the Party and the country is the fundamental goal of the reform.After the reform of the discipline inspection and supervision system,the discipline inspection organs is co-located with supervision organs.A new structure has been set in internal organizations of the discipline inspection and supervision organs,new standards have been established in the examination and investigation procedures,new contents have been added to the examination and investigation measures,and the new effectiveness of the examination and investigation work has been achieved.However,due to the imperfect institutional mechanism and other factors,there is still poor convergence in the investigation of discipline inspection and supervision organs at different levels.In the process of investigation,it is the common requirement of discipline inspection and supervision organs,party and government organizations as well as judicial authorities to adhere to the principle that discipline is prior to law,to realize the consistency of discipline and law and to resolve the contradiction between different laws.Therefore,in practice,we should realise that discipline is stricter than law,complete the cohesive mechanism of discipline and laws within discipline inspection and supervision organs,and coordinate the relationships between supervision organs and judicial organs that are cooperating and restricting each other.Discipline inspection system reform and national supervision system reform are all brand-new system designs.Discipline inspection and supervision organs execute disciplines and enforce laws.How to accurately grasp the relationship between discipline and law,how to precisely apply the "four forms" and how to make a good connection of the disciplinary procedures,standards and measures,to ultimately achieve the effect of "one plus one is greater than two",which requires higher working ability of discipline inspection and supervision cadres and resetting the internal working process of discipline inspection and supervision organs.In particular,the promulgation of the Supervision Law stipulates that supervisory organs shouldn't directly be appliy the provisions of the Criminal Procedure Law in question of procedure,while the question of evidence should accord with Criminal Procedure Law.It can be predicted that the linking up of the Supervision Law and the Criminal Procedure Law will inevitably cause a series of new problems in the actual situation.How to coordinate,deal with and link up these series of problems in practical operation,to ensure the comprehensive and seamless connection of discipline and law,is the key to whether the discipline inspection and supervision organs can perform their duties efficiently.In this paper,the author tries to discuss following three aspects: firstly,how to establish a proper concept of discipline enforcement to clarify the relationship between discipline and law.Secondly how to recognize and deal with the evidence problem in the connection of discipline and law.Thirdly,the problems that should be paid attention to in the connection of procedure between supervisory organs and procuratorial organs in the case of duty-related crimes.