The Study On The Connection Of The Supervision Procedure And The Criminal Procedure

On March 20,2018.the first session of the 13th National People's Congress passed the supervision law of the people's Republic of China,which referred the cases of public servants suspected of illegal crimes to the National Supervision Committee for investigation and disposal.According to the provisions of the "supervision law",the State Supervision Committee shall transfer the case of suspected crime of the investigated person found in the process of supervision and investigation to the people's Procuratorate for examination and prosecution.which leads to the connection between the supervision procedure and the criminal procedure.Because the supervision procedure and the criminal procedure are different in nature,the scope of the connection of the two procedures includes jurisdiction.lien measures and criminal compulsory measures,and the connection of the supervision evidence and the criminal procedure evidence.Based on the analysis of the connection and difference between the supervisory procedure and the criminal procedure,this paper expounds the necessity and feasibility of the connection between the supervisory procedure and the criminal procedure,analyzes the current practical situation and the existing difficulties of the connection between the supervisory procedure and the criminal procedure,and on this basis,puts forward the reasonable path of the connection between the supervisory procedure and the criminal procedure The coordination of supervision procedure and criminal procedure in China provides reference.This essay is split into four sections:The first section:the relationship between supervision procedure and criminal procedure.There are both differences and connections between supervision procedure and criminal procedure.The connection between the supervision procedure and the criminal procedure is mainly manifested in that both procedures adhere to the principle of procedural justice and have the function of protecting human rights;the difference between the supervision procedure and the criminal procedure is mainly manifested in that there are differences in the nature,subject,compulsory measures and evidence system of the two procedures.The second section:the necessity and feasibility of the connection between supervision procedure and criminal procedure.The connection between the supervision procedure and the criminal procedure provides the feasibility for the connection of the two procedures;the difference between the supervision procedure and the criminal procedure makes the connection between the supervision procedure and the criminal procedure necessary.The third section:the current situation and problems of the connection between supervision procedure and criminal procedure.The current legislation provides the legal basis for the connection of the two procedures,such as the constitution,the criminal procedure law and the supervision law.Based on the current legislation,this paper analyzes the current situation of the connection between the supervision procedure and the criminal procedure procedure and the problems in the judicial practice from the following aspects:the supervision jurisdiction and the criminal procedure jurisdiction,the supervision lien measure and the criminal compulsory measure,the supervision investigation evidence and the criminal procedure evidence.The fourth section:the rationalization path of the connection between supervision procedure and criminal procedure.The paper puts forward reasonable suggestions on the connection of supervision jurisdiction and criminal procedure jurisdiction,the connection of lien measures and criminal detention measures,and the connection and transformation of supervision evidence and criminal procedure evidence.