Research On The Connection Mechanism Between Supervisory Power And Procuratorial Power From The Perspective Of The Constitution

In 2018,Constitution Amendment newly established the Supervisory Committee,which marks the adjustment of China’s state institutions and power structure in the new era.This structural adjustment is the improvement and optimization of the constitutional configuration of state power.The China Supervision Commission and the People’s Procuratorate are the two main bodies that implement the supervision and procuratorial powers.The functional positioning of the supervision and procuratorial power should be analyzed in the context of state institutions and the allocation of state power,and combine the historical evolution of supervisory and procuratorial organs.This is the starting point for the analysis of the connection between the supervision and procuratorial power.The supervisory organs specialize in the national supervisory function and the supervisory power possesses the independent power nature.The procuratorial organs specialize in legal supervision and the procuratorial power possesses the legal supervision nature.The development view and contradiction in Marx’s dialectical materialism theory are the theoretical basis of this article,to define the content of the power of supervision and procuratorial power and to explore its evolution process.The newly Supervisory Committee has not changed the constitutional nature of procuratorial organs,but the procuratorial power should actively adapt to the reform.In the reform of the supervision system,the traditional single-track mode "detection-public prosecution-trial" has been transformed into a dual-track mode "investigation-public prosecution-trial".The new-mode coexists with the traditional mode.Therefore,how to realize the effective connection between powers of supervision and prosecution in the new era has become an urgent problem to be solved in the legal theory and practice field.The convergence mechanism between the two powers must follow the basic principles of unification of the legal system,due process,protection of human rights,mutual restraint,combination of principle and flexibility.The specific content of the convergence mechanism mainly includes the connection of the case jurisdiction system,the connection of investigation and compulsory measures,the connection of investigation termination and examination and prosecution,the connection of supervision evidence and criminal evidence,the connection of supervision investigation certificate and criminal procedure certificate.The countermeasures to improve the convergence mechanism between the supervisory and the procuratorial powers include: clarifying the relationship between the two supervision powers,resolving the competition and cooperation between the two authorities,exploring the origin and attributes of liens,improving the procedures for returning supplementary investigations,clarifying the types of monitoring evidence and adapting within litigation procedures,and clarifying the proof standards for monitoring investigations.Among them,the right protection is an especially important area,which means setting up exclusion rules of illegal evidence can play a significant role.The research direction is to construct an effective convergence mechanism between the supervision power and procuratorial power with Chinese characteristics.