Research On The Relationship Between Supervisory Organs And Procuratorial Organs

The implementation of the Constitutional Amendment and the Supervision Law has had a profound impact on the current state power structure and rights operation mechanism.The supervisory organs have become the leader in fighting against corruption,and have integrated the relevant functions of the procuratorial organs,such as anti-corruption,anti-profane,and prevention of duty crimes.It can be said that the supervisory organs have a close relationship with the procuratorial organs since its establishment.Therefore,positioning the relationship between the supervisory organs and the procuratorial organs and maintaining the smooth operation of their relations is conducive to the formation of a joint anti-corruption force to fight against the crime of duty violation and prevent the abuse of public power,which is of great significance to deepen the reform of the supervisory system.According to the Constitution and the Supervision Law,the supervisory organ and the procuratorial organ should cooperate and restrict each other in handling the cases of duty violation and duty crime.According to the analysis of the relevant legal norms,we can see that the relationship between the supervision organs and the procuratorial orgas is mainly reflected in the connection between the supervision procedure and the criminal procedure,that is,the supervision organs transfers the cases involving duty crimes to the procuratorial organs for examination and prosecution.In addition,the supervision organs restrict the procuratorial organs,which are also reflected in the supervision organs’ supervision over the public officials of the procuratorial organs;and the cooperation of the procuratorial organs,with the supervision organs is also reflected in the obligation to transfer the clues of the crimes in violation of duties and the obligation to assist in the cases involving each other.Combing the real laws and regulations helps to find problems while building a framework of norms.In reality,there are still some confusions when the two agencies implement the principle of mutual coordination and restriction,such as the concurrence of the function jurisdiction of the supervision organs and the procuratorial organs,,the lack of criminal filing procedure,the need to refine the situation of self-supplementary investigation,and the difficulty for the procuratorial organs,to effectively restrict the supervision organs.Therefore,the path of the reform of the supervision system should be respected,the internal connection and entry point of the supervision organs and the procuratorial organs,should be fully utilized,and the supervision function of the procuratorial organs,to the procuratorial organs,should be brought into full play,on this basis,we should carry out specific and targeted system design,and improve the relationship between the supervision organs and the procuratorial organs.