On The Difficulties And Solutions Of The Connection Between The Supervision Law And The Criminal Law

Since the first session of the 13 th National People's Congress passed and formally implemented the supervision law,the research on the supervision law has been transformed from the static normative issues such as the constitutional demonstration and the setting of norms in the early stage to the dynamic operational issues such as how to standardize the application and how to solve the smooth connection between the supervision law and relevant laws.The supervision law and the criminal law are closely related in the joint fight against job-related crimes,and both belong to an important part of the legal system to fight against job-related crimes.The relationship between them is a dynamic process from investigating job-related crimes to investigating the criminal responsibility of the perpetrators of job-related crimes.However,due to various subjective and objective reasons,there are still obvious difficulties in the convergence of the two laws,which is not conducive to play the role of the supervision law in the supervision and investigation of crimes committed by taking advantage of duty.Therefore,it is an important step to ensure the smooth operation of the supervision law to make a good connection between the supervision law and the criminal law.From the perspective of the relationship between the supervision law and the criminal law,the connection between the two has a wide theoretical basis,both of which are the specific implementation of the constitutional spirit in the fight against criminal crimes,and have the same goal in terms of punishment and prevention of duty crimes.Dealing with the connection between the supervision law and the criminal law is conducive to the establishment of a long-term anti-corruption legal mechanism and the standardization of the investigation of job-related crimes,which is the need to realize the protection of human rights.At the same time,the connection between the two laws is also the inevitable requirement to coordinate the legal system of our country.The object of supervision is different from the subject of duty crime.The scope of subject of duty crime in criminal law is wider than that of the object of supervision.Moreover,if "unit" is not included in the scope of object of supervision in supervision law,the crime committed by the unit cannot be investigated.The application of surrendering system in supervision law is mainly reflected in the establishment of specialsurrendering in the main body The requirements of the body are not compatible,and in the case of general surrender,whether it can be identified as surrender in the case of investigation of general illegal acts;when supervisors investigate their criminal responsibility for suspected duty crimes,there is a mismatch between the main body in terms of conviction and sentencing,resulting in difficulties in entering a crime and applying the "heavier" punishment provisions;in the aspect of the limitation of criminal prosecution,when it exceeds the special prosecution The problem of validity approval and the extension of time limit also has a dilemma after the promulgation of the supervision law.Through analysis and induction,the reason for the dilemma of the two laws is that the purpose of the two laws is different.In order to achieve the goal of "full coverage of supervision",the criminal law focuses on fighting and preventing crimes;the legislative activities are lack of systematicness;the nature of the supervision committee and the supervisors are still in dispute;the adjustment of state institutions causes the confusion of power distribution.In view of the various aspects of the poor connection between the supervision law and the criminal law as well as the analysis of the causes,it is necessary to adhere to the principle of "priority of legal interpretation" to interpret the existing laws reasonably,and adhere to the principle of "priority of interpretation" for the problems that can be solved through legal interpretation.According to the theory of "public affairs",we can interpret "supervision organ" and "supervisor" as "judicial organ" respectively Guan"and" judicial staff ";for problems such as" limitation of criminal prosecution "that cannot be solved by interpretation,they can be solved in one time by means of amendment,adding"supervision organ "in the provisions of limitation of criminal prosecution and" unit "in the provisions of supervision object,which can solve the above problems of poor connection.