Research On Procuratorial Organs' Early Intervention In Duty Crime Cases

The reform of the supervision system has now entered a further stage of improvement,improving the effectiveness of the handling of supervision cases,and constructing a scientific and reasonable restriction system for the supervision organs are the key issues of the current supervision system reform.The procuratorial organs,as the "bridgeheads" who enter the criminal procedure of duty crime cases,are the core organs in the convergence stage of the supervision procedure and the criminal procedure.The optimization of the convergence procedure and the construction of the supervision and control system must focus on between the procuratorial and supervisory agencies,put the connection and restriction of procedures in the same system design.The establishment of an early intervention system meets the requirements of the following aspects: First,it is in compliance with the provisions of the Constitution that the two agencies cooperate and restrict each other,but the current coordination and restriction relationship between supervision and inspection lacks sufficient institutional support,and requires an early intervention mechanism to strengthen cooperation;The trial-centered reform requires the prosecutorial agency's ability to prosecute,which also means the existence of an early intervention mechanism is needed.Third,the supervision and restriction system of the supervisory organs is also an important issue that needs to be paid attention to,but the current supervision methods such as democratic supervision and public opinion supervision have certain shortcomings,and the procuratorial organs play the role of legal supervision because they are at the core of the procedural connection.It is the most likely,but currently legal supervision cannot play a reasonable role,so it is feasible to use the early intervention mechanism as a restriction system of the procuratorial organs on the supervisory organs.Establishing an early intervention mechanism for duty crime cases is also feasible in terms of law and procedures.First,according to the Constitution and the Supervision Law,the two agencies cooperate in a restrictive relationship,and the independence of the supervisory agencies does not preclude the involvement of the judiciary.Secondly,the investigative actions of the supervisory authority are the same as the pre-procedures of the public prosecution.In terms of the transfer of procedures,the roles of the supervisory authority and the investigative authority are similar.feasibility.Finally,the procuratorial organs have special procedural and substantive status in duty crime cases.The connection between the supervisory procedures and criminal procedures is mainly reflected in the connection between the supervisory organs and the procuratorial organs.Therefore,the supervision and inspection relations are optimized and the supervision Inspection and convergence also gives the feasibility of establishing an early intervention mechanism.Based on the above analysis,the concrete idea of establishing an early intervention mechanism for procuratorial organs is proposed.In terms of principles,first of all,in terms of role positioning,the principle of supervising the agency and supplementing the procuratorial organs in the handling of crimes involving duties;In terms of procedures,the principle of distinguishing between early intervention procedures and case handling procedures is adhered to.In terms of legal responsibility,the authorities responsible in the early intervention must be determined.In order to match the reform of the arrest and prosecution,prosecutors should intervene in advance by the prosecutors of the public prosecution department handling professional crimes as members of the early intervention team.The internal processing procedures of the supervisory agencies based on professional crimes should be handled by the case.As the responsible agency involved in advance,the clarification of responsibilities is conducive to the complete operation of the system.In terms of the scope of intervention,it includes the scope of horizontal advance intervention and vertical advance intervention.Among them,the vertical advance intervention scope refers to the stage of early intervention.According to the “Continuity Measures”,the procuratorial organ should advance in advance when the duty crime case enters the trial stage of the case Intervention;The scope of horizontal intervention refers to the cases in which the procuratorial organs can intervene in advance.The setting of this scope is mainly to analyze "significant,difficult and complicated".In the specific mechanism of the early intervention mechanism,the principle of the early intervention mechanism should be given first,followed by the principle that the supervisory authority should consult first,and the procuratorial agency's one-way intervention is supplemented.In specific work methods,the procuratorial agency The individual intervention of the government must achieve certain control on the entity and procedure,and follow the principle of supervising the organs.Regarding the operation of the early intervention mechanism,the procuratorial organs mainly use the working group to perform the early intervention work,while the corresponding supervisory organs mainly use the trial department of the case as the docking authority for the early intervention directly.For the problems found in advance intervention,set up a joint meeting,discuss and study related issues and supervise the implementation of opinions.During the trial of a case,based on the role and role of the procuratorial organs 'early intervention,a hearing system of the procuratorial organs' intervention group in advance should be set up to understand the case in depth.In addition,in order to achieve strict handling of duty crime cases,to ensure the reasonable operation of procedures and the commitment of responsibilities,a document filing system is set up to ensure that each process node and important meeting has a corresponding document record.The reform of the supervision system has gradually moved from shallow to deep,from macro to micro.The supervision and inspection connection also needs to be further optimized.The establishment of an early intervention mechanism between supervision and inspection is a rational system design to further promote smooth transition.