Research On The Interface Between Supervisory And Prosecutorial Powers

Following the reform of the State inspection system,article 127 of the Constitutionspecifies that the inspection organs shall cooperate with the judiciary,the prosecution and the law enforcement agencies in handling cases of official offences and official crimes and shall exercise mutual control over each other.The "mutual cooperation and mutual constraint" of the [Supervision Law of the People's Republic of China] supervisory organs and the procuratorial organs is a key step in the judicial interface between the supervisory organs in the exercise of the State's supervisory power,especially in the course of handling cases of official crimes,and the interface between the supervisory and procuratorial powers is the primary content of the "mutual cooperation and mutual constraint";in order to realize the concept of procedural justiceand protect human rights,the coordination and interface between the supervisory and procuratorial powers must be handled properly,and it is also a requirement to ensure that the power operates within the orbit of the rule of law and to promote the modernization of the national governance system and governance capacity.In addition to the introduction,this paper consists of five parts.The first part is a general theory of supervisory and prosecutorial powers.Firstly,the attributes of the right to inspect and the organs by which it is exercised are explained.Secondly,on the basis of the characterization of the investigative power,the basis and premise of the interface between the exercise of the investigative power by the Supervisory Powers and the prosecutorial power exercised by the prosecutorial authority in two different attributes are detailed.The second part examines the relationship between the power of inspection and the constraints and interface with the power of prosecution.The first step is to look at the basis of the interconnection between the powers of inspection and prosecution,based on the interconnection between the two powers.Secondly,from the point of view of the interface between the power of inspection and the power of prosecution,the manner of the interface between the power of inspection and the power of prosecution and the considerations to be taken.Parts ?,? and ? deal with the specific issue of the interface between the powers of inspection and prosecution.To take the Ombudsman's procedures as a clue and propose specific mechanisms for resolving interface problems.First,the articulation of jurisdictional issues in the case of official crimes.The second is an analysis of the interface between the supervisory and prosecutorial powers in terms of physical coercive measures.Lastly,the issue of the application of evidence in the process of bridging supervisory and prosecutorial powers is analysed and discussed.