Research On The Linkage Of "Supervision Law" And "Criminal Procedure Law"

The promulgation of the "Supervision Law" marked the beginning of the era of supervision of the rule of law in China.Duty violations are handled by the party's disciplinary committee and transferred to the supervisory authority for investigation and transfer to the judicial authority for review,prosecution and trial,which involves issues such as the connection and cooperation between the supervisory authority and the judicial authority,the convergence of the Supervision Law and the Criminal Procedure Law.The amendments to the Criminal Procedure Law have greatly promoted the convergence of the two laws,but since the specific connection procedures have not been comprehensive,the provisions of the Supervision Law are more general,and the issue of the connection between the two laws still needs to be meticulously and scientifically studied.The Supervision Law and the Criminal Procedure Law are two laws of the same rank,laying a natural foundation for the convergence of the two laws.Under the realistic requirements of administering the country according to law,centering on trials and punishing corruption,the two laws only insist on trials.It is necessary to carry out the convergence work based on the principles of the center,the rules of evidence adjudication,and coordination and restriction,so as to gradually improve the connection between the two.At present,due to the inadequate regulations on the convergence of the two laws,there are still some problems in the convergence of the two laws in procedures such as jurisdiction,evidence,cooperation with public security,filing,coercive measures,and returning supplementary investigations.In this regard,this article analyzes the jurisdictional methods and characteristics of the two laws,combined with the particularity of duty crimes,and proposes solutions for jurisdictional convergence;On the connection of evidence,this article believes that under the guidance of the rules of evidence adjudication,monitoring evidence should maintain the same standards as evidence in criminal proceedings,and insist on the application of the rule of exclusion of illegal evidence;In the process of supervision and handling of cases,there are many parts that require the coordination and cooperation of public security organs.In the process ofcoordination,the scope of cooperation should be clarified,coordination procedures should be standardized,and the situation of uneven distribution of responsibilities or shirk of responsibilities between the monitoring and public security parties should be prevented;When the case is transferred to the procuratorial organ to review and prosecute,a criminal case filing procedure should be set up to open the criminal procedure.Otherwise,there are loopholes in the procedure;From lien to criminal coercive measures and return to the supplementary investigation,we must adhere to the basis of protecting human rights and cooperating with restrictions to achieve the connection between the two;Finally,this article attempts to more comprehensively cover the connection between the two laws,discusses the convergence of the confession and confession punishment system from supervision to prosecution and trial,adheres to the applicable standards of the Supervision Law,and promotes confession and confession punishment in duty crime cases.