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

Under the background of the reform of the national supervision system,it is necessary to link up the supervision and investigation procedure with the criminal procedure.The supervision organ and the procuratorial organ are required to link up the duty crime cases from the filing stage,the supervision investigation stage and the examination and prosecution stage.A series of problems are bound to appear in the process of procedure convergence,which is not conducive to the smooth convergence of the two law procedures and hinders the further promotion of supervision system reform.The existing research shows that in order to effectively achieve the results of the reform of the supervision system,it is necessary to solve the problem of the convergence of the two legal procedures in each stage of the process of duty crime cases,so as to protect the reform results of the anti-corruption work.This paper analyzes the supervision power and procuratorial power in the reform of supervision system,understands the legal position of supervision power and the change of procuratorial power after the reform,so as to lay the theoretical foundation for the main link process of supervision and investigation procedure and criminal procedure.It is clear that after the reform,the state organs have changed from "one government,two courts" to "one government,one committee,two courts".The law gives the supervisory organ the same legal status as the procuratorial organ,and the supervisory power as the procuratorial power.It is clear that the Constitution gives the supervisory organ the power to supervise the public power of the state public officials,and transfers to the original procuratorial organ the jurisdiction to file cases of duty crimes.Under the current situation of China,the principle of anti-corruption of power,the protection of human rights and the establishment of a trial centered litigation mode require the effective communication and cooperation between the supervision and investigation procedure and the judicial procedure.According to the existing laws and regulations,this paper combs the four aspects of functional jurisdiction,compulsory measures,transfer review and prosecution,and evidence application,and clarifies the changes made in the process of reform in legislation and the basis for the establishment of convergence.For example,"Guo Hai" case,in addition to Shandong Province,Hunan Ningyuan County,Fujian Xiamen and other regions as the practice object,sorting out the problems in the connection since the operation of the supervision system and making innovative settings.On the basis of adhering to the effective results of the reform of the supervision system,this paper puts forward a series of problems existing in the process of connection between the two legal procedures,such as the lack of filing procedures,the difficulty of procuratorial organs' intervention,the lack of specialized departments for connection,the inconsistency of evidence application rules,and the establishment of case handling organs,and puts forward corresponding solutions based on the discipline standard of criminal proceedings,and advocates the establishment of independent filing procedures Order,set up the flow of supervision cases.Analyze the intervention mechanism of the procuratorial organ and the third party of lawyers,and improve the scope and methods of the procuratorial organ's early intervention.Through the establishment of special departments and the application of unified evidence rules to smooth the connection of the stage of examination and prosecution.It is proposed to establish an intelligent management platform and a professional training mechanism for case handlers to improve the hardware configuration of the two procedures.