Research On The Linkage Mechanism Between The Functions And Powers Of Supervisory Organs And Procuratorial Organs

With the inspection act in the amendment to the constitution and the new "criminal procedural law",the new constitution "the people's procuratorate and the National Supervisory Commission and the Supreme People's Procuratorate for cohesion measures of crime by taking advantage of duty,the implementation of the supervisory committee,become the comprehensive specialized anti-corruption political authority,to deal with illegal with his duties crime cases.Therefore,in the process of handling duty violation and duty crime,the procedural connection between supervisory organs and procuratorial organs is of great significance for the supervisory organs to give full play to their supervisory functions and to establish a system mechanism of "mutual cooperation and mutual restriction".The investigation of functionary crimes by supervisory organs has the legal effect of crime investigation in the criminal procedure law.Supervisory organs and procuratorial organs should follow the basic principle of cooperation and mutual restriction in handling cases of functionary violations and functionary crimes.However,in practice,there are still some problems such as unbalanced allocation of power between supervisory organs and procuratorial organs,unequal status in reality,and imperfect coordination and connection of supporting laws.Solve the above problem,should be centered on examination and prosecution of procuratorial organ,the basic principles of compliance to cooperate with each other,restrict each other,to respect the supervisory commission of supervision and the law of the people's procuratorates supervision characteristics on the basis of the specific system design and construction of duty crime cases dealt with in the process of program cohesion mechanism of supervisory organs and procuratorial organs,improve the handling process,thus guarantee to handle the duty crime procedural justice.Specific operation level,the mechanism of coordination and cohesion supervisory organs and procuratorial organs to build specific include: supervisory organs and procuratorial organs of investigation,review evidence cohesion and coordination mechanism of the supervisory organs and procuratorial organs personal coercive measures,cohesion and coordination mechanism of the procuratorial organs early intervention and supervision case construction of cohesion and coordination mechanism.