| At the beginning of the founding of New China,we began to establish the state power supervision system and constantly reconfigured the state power of supervision.From 1949 to 1978,there were three major institutions that assumed the responsibility of state supervision in China,namely,the supervision of the China's NPC,the administrative supervision within the administrative organs,and the legal supervision of the procuratorial organs.In order to integrate the power of anti-corruption resources and improve anti-corruption efficiency,the CPC central committee office issued the “Pilot Program on National Supervision System Reform in Beijing,Shanxi Province and Zhejiang Province” in November 2016,which kicked off the reform of the supervision system.The supervisory system reform integrates the existing administrative supervision,prevention of corruption and prosecutorial investigations into corruption and bribery,dereliction of duty and prevention of duty crimes,and integrates them into the newly established supervisory committee.Thus,the investigation system for duty crimes involves both the supervisory committee and the criminal justice agency.Since the supervision system is still in the reform stage,the regulations of the powers of the supervisory committee and the procedures for the exercise of power are not detailed and comprehensive.The supervisory committee lacks a matching mechanism with the criminal justice organs in the process of exercising its investigative power against duty crimes.To this end,it is necessary to analyze the relevant issues when the supervision committee in handling cases,and seek their organic connection with the criminal justice organs for efficiently handle cases of violations and discipline violation according to law.In order to explore the connection mechanism between the monitoring procedure and the judicial procedure in the handling of cases,this paper uses comparative analysis,historical analysis and other methods to summarize the evolution of China's supervisory system and the comparison of the extraterritorial monitoring system;By using the semantic analysis method and the systematic analysis method,The "Supervisory Law" norms formulated in 2018 are analyzed,and the problems and causes of the poor connection between the supervisory committee and the judicial organs are analyzed from the normative level,and through the analysis and comparison of the criminal procedure law,By referring to the system design of the criminal procedural law in the process of handling cases,this paper proposes to perfect the regulations of the commission of supervision on the exercise of the right of investigation,the jurisdiction of cases,the collection and transformation of evidence,so as to make it consistent with the judicial process;Based on the analytical method of theory and evidence.this paper summarizes some problems in the practical case handling by the committee of supervision,analyzes the causes of the problems,and proposes the system construction of solving the problems.After analyzing the empirical problems existing in the poor connection between the current supervisory committee and the criminal justice organ handling procedures,the article focuses on the construction of the convergence mechanism from the following aspects: First,from the perspective of legal norms,this paper proposes to improve and refine the relevant contents of the regulations of the supervision law,and at the same time,amend the relevant content of the Criminal Procedure Law,so as to guarantee the connection between the supervision commission and the criminal judicial organs in handling cases.Second,from the aspect of the supervision system of the supervision committee,the paper puts forward Suggestions to improve the relevant systems of level jurisdiction and functional jurisdiction,so that the two can be connected organically in case jurisdiction.Third,it puts forward relevant restrictive mechanism and principles for the investigation activities of the supervisory committee,so as to connect the investigation power of the supervisory committee with that of the criminal judicial organs,and establish a smooth system of investigation,prosecution and trial procedures.Fourth,from the aspect of evidence collection and transformation,it is proposed that the commission should abide by criminal evidence rules such as illegal evidence exclusion rules when collecting evidence,adopt different evidence standards according to the principle of proper separation of discipline and law,and propose the construction of the highest standard rules of evidence.Fifth,in terms of human rights protection of the investigated,the author puts forward the protection of the investigated person's right of defense and the construction of compensation mechanism after the violation of private rights.This article actively explores the effective link between the two parties in the handling of the case for achieve the appropriate balance between crime control and human rights protection. |
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