The Connection Between The Procedure Of Supervision And Investigation And The Procedure Of Criminal Procedure

The establishment of "supervision law" has opened a new journey of anti-corruption according to law.The supervisory law endows the supervisory committee with the investigation power of the duty violation and the duty crime.The supervisory committee will inevitably face many problems of the connection of legal procedures when it correctly exercises the investigation power of the duty violation and the duty crime.Although the newly revised criminal procedure law and the criminal procedure rules of the people's Procuratorate have made a series of connection provisions,and the State Supervision Commission has also negotiated with the Supreme People's Procuratorate to formulate such documents as the measures for the connection of the work of handling duty crime cases,there are still many thorny problems related to the connection of legal procedures in practice that need to be solved.This paper adopts the method of comparative analysis and empirical research,starting with the difficulties encountered in the investigation of the supervision committee,combining with the specific supervision work practice,and based on the full reference of the research results of law in recent years,puts forward perfect suggestions,in order to promote the effective connection of other legal procedures such as the supervision law and the criminal procedure law,and improve the illegal and illegal duties The efficiency and quality of the investigation of duty crime cases should be given a little help.This paper consists of three parts:introduction,main body and conclusion.Include four parts.The first part is about the connection of supervision jurisdiction and criminal cases jurisdiction.It mainly includes the connection of functional jurisdiction,designated jurisdiction,the connection of grade jurisdiction and region jurisdiction,the connection of related case jurisdiction,the connection of military and local mutual involved case jurisdiction.First of all,it analyzes and enumerates the existing problems and their causes in the functional jurisdiction,designated jurisdiction,grade jurisdiction,region jurisdiction,related case jurisdiction and the jurisdiction connection of military local mutual involved cases in the supervision practice;secondly,it puts forward solutions and suggestions based on the supervision practice.The second part is about the connection lien and Criminal coercive.It mainly includes the reflection on the practice of Article 170 of the Criminal Procedure Law and the lack of necessary connecting measures of the Supervisory Committee after the expiration of the retention period.First of all,it discusses the connection between the lien stipulated in the Criminal Procedure Law and the compulsory measures taken by the Procuratorial organ,and then expounds the problems existing in the prior detention measures,as well as the "blankness" in the compulsory measures in practice and the difficulty in arrest and execution,it expounds the problem that the Supervisory Committee adopts compulsory measures from public security in practice and put forward suggestions to solve it.The third part is about the connection between the supervision procedure and the procedure of examination and prosecution.First of all,this paper discusses the lack of case filing and withdrawing procedures in the investigation of duty crimes by the Supervisory Committee;secondly,it discusses the problems encountered in the practice of returned supplementary investigation and self supplementary investigation;thirdly,it discusses the proposal of "lenient punishment" and the application of lenient punishment system in the investigation of duty crimes,and proposes to simplify the "lenient punishment proposal" In the proposed procedure,the Commission should also apply the leniency system in investigating duty crimes,and suggest that the standard of leniency should be specified.The fourth part is about the connection of Monitoring evidence and Criminal action evidence.First of all,this paper discusses whether the evidence obtained in the initial stage of supervision and investigation can be used as criminal evidence.In the initial stage of supervision and investigation,the evidence obtained by the supervisory committee should be treated differently,and the verbal evidence obtained through conversation should not be used as evidence in criminal proceedings.Secondly,it discusses how to cross-examine and verify the "confession and defense of the investigated" and suggests that the rules of supervision and investigation should be made clear.Third,it discusses the executive subjects of audio and video recording and the exclusion of illegal evidence of the Supervisory Committee.The Supervisory Committee should make clear the executive subjects and the investigator of audio and video recording,strengthen internal supervision,and further clarify the situation,types and conditions of illegal evidence exclusion.