Study On The Convergence Between The Supervisory Commission And The Procuratorate In Handling Post Crimes

After the reform of the supervisory system,there are some problems in the convergence of the Supervisory commission and the Procuratorate in handling the post crime cases.These problems in practice must be properly resolved,and it is of great significance to build a centralized,unified,authoritative and efficient supervisory system with Chinese characteristics and to combat post crimes.This article adopts the research methods of comparative analysis method,value analysis method and empirical analysis method to research and analyze the above four issues,and puts forward its own opinions and suggestions.Regarding the convergence of case registration jurisdiction,compared with the connection between public security organs and procuratorial organs in the handling of ordinary criminal cases,the principle of the general jurisdiction of the supervisory committee in the jurisdiction of duty crime cases is the principle,and the procuratorial organs have jurisdiction over certain specific crime cases as an exception.In practice,this principle The issue of unclear boundaries with exceptions shall be handled in accordance with the principles of who discovered,who filed the case,and who has jurisdiction.Regarding the connection between the supervision investigation and the examination and prosecution,by analyzing the value orientation of the existing system,there is an unclear boundary between the self-supply investigation and the return of the supplementary investigation on the connection between the two.For issues that are not clearly stipulated,the circumstances under which the procuratorial organs can conduct supplementary investigations should be clarified,and in the relevant legislation,it should be clear that for cases where the return of supplementary investigations still fails to meet the standards,the procuratorial organs may decide not to prosecute.Regarding the connection between lien measures and criminal coercive measures,through the empirical analysis of the specific connection methods between the two and the value analysis of relevant laws and regulations,there is no application channel for the right to claim nationalcompensation for pre-detention,and the criminal coercive measures are inappropriately returned during the supplementary investigation The relevant laws should be amended to provide relief channels for the criminal suspect's compensation rights during prior detention,and to solve the problem that there is no legal basis for continued application of criminal coercive measures during the return of supplementary investigations.Regarding the connection between supervision evidence and criminal justice evidence,through the analysis of the existing criminal justice evidence system and the analysis of the value orientation of supervision evidence in the Supervision Law and Criminal Procedure Law,there is a lack of supervision evidence system in the connection between the two.2.Lack of legal and institutional regulations for illegal evidence collection,the appointment clause of Article 33 of the Supervision Law should be used to solve the problem of the lack of supervision evidence system,and it is illegal for judicial staff by referring to the Criminal Law.Relevant regulations on forensic behaviors regulate the illegal forensic behaviors of the staff of the supervisory authority,and through the use of the auditing role of the review department and the establishment of the procuratorial authority's intervention system,conduct internal and external investigation and evidence collection activities of the supervisory committee after and during Supervision.