Research On The Connection Mechanism Between Supervisory Procedure And Criminal Procedure

By summing up the pilot experience of the reform of the supervisory system,the first session of the Thirteenth National people's Congress in March 2018 adopted the Law on Supervision of the people's Republic of China.To effectively link up the implementation of the Law on Supervision,the Standing Committee of the Thirteenth National People's Congress adopted the Decision on the Amendment of the > of Criminal Procedure Law of the < People's Republic of China in October 2018,but at the same time,new problems arise in the application of the "two laws" procedure,and even "paradox phenomenon" appears under the principle of traditional criminal procedure law.The legal framework of the Commission should be interpreted in the form of the organization of State power in order to ensure effective links between the supervisory and criminal proceedings The supervisory committee is a newly established state power organ under the people's congress system,and the supervisory power is an independent state power alongside the judicial power and procuratorial power.After the reform of the supervisory system,the criminal procedure of prosecuting public officials for duty crimes includes supervisory procedure and criminal procedure.After the investigation of cases suspected of duty crimes has been completed by the supervisory committee through the exercise of supervisory power,it is transferred to the procuratorial organ for examination and prosecution and tried by the people's court to achieve the purpose of pursuing crimes.Comparing the relationship between the Law on Supervision and the Law on Criminal Procedure in the national legal system can highlight the difference between the supervisory procedure and the criminal procedure procedure.Monitoring procedures and sentences.The supervisory procedure and the criminal procedure link up the concrete content,the duty crime jurisdiction authority faces the predicament.The reform of the supervisory system has realized the mode of giving priority to the supervisory committee of public officials' duty crimes and the procuratorial organ's subsidiary jurisdiction.The Criminal Procedure Law of 2018 retains the procuratorial organ's jurisdiction to file the case of the judicial staff's duty crimes.Based on the principles of judicial autonomy and judicial independence,the procuratorial organ should give priority to the jurisdiction of such cases.The supervision case is different from the criminal case,the criminal case has the unique procedural rule of law significance,based on the power supervision and the human rights guarantee angle,the supervision case when transferred to the procuratorial organ needs to re-open the criminal case to connect the criminal case...