Research On The Legal Issues Of The Connection Between Supervision And Justice

The reform of national supervision system is a completely new system design.By integrating the anti-corruption forces of Party discipline inspection,administrative supervision and job-related crime prevention and investigation of procuratorial organs,we will strengthen the supervision of all public officials exercising public power and achieve full coverage of state supervision.However,the complexity and natural political nature of the state supervision power will not only make it difficult to achieve the goal of coordination and mutual restriction between the supervision law and the procuratorial and judicial organs,but also lead to the"investigation-centered" pattern,which will increase the risk of inducing "atypical" miscarriages.As a result,doubts will arise about the criminal investigation of the Supervisory Committee,the examination and prosecution of the People's Procuratorate.the business connection and coordination of the criminal trial of the People's Court,and how to "supervise" the Supervisory Committee.The enactment of the supervision law and the amendment of the criminal procedure law provide the legal basis for the handling of duty crime cases,but the relevant provisions and procedures are not perfect enough,resulting in poor cohesion and vacuum in practice.Starting from the two dimensions of entity and procedure,this paper elaborates on the value,significance,basic requirements and rule perfection of realizing the convergence of the two laws.Specific research includes substantive issues such as the boundary between duty-related crimes and duty-related crimes,the definition of administrative sanctions and criminal investigation,and procedural issues such as duty-related crimes filing investigation procedures,the convergence of compulsory measures and the application of evidence review,so on,so as to improve supervision.The system mechanism of coordination between supervision and justice aims at maintaining a benign and effective relationship of restriction and cooperation between public powers,realizing an appropriate balance between crime control and human rights protection,promoting effective savings of national resources,providing strong support for supervision work and reflecting the institutional value of anti-corruption by law.