| The reform of the national supervisory system has concentrated the anti-corruption efforts of the Party’s discipline inspection organs,administrative supervisory organs and procuratorial organs into supervisory organs,which perform the duties of national supervision uniformly.After the power of investigation of function-related crimes in procuratorial organs was transferred to supervisory organs,the investigation activities of function-related crimes were dominated by supervisory organs,and the color of "legal supervision" in procuratorial organs became stronger,and the transfer of the two organs in handling cases became more close.The mechanism of connection between supervisory organs and procuratorial organs in handling cases is based on their "mutual cooperation and mutual restriction" in handling work-related crimes.The author divides it into three mechanisms,namely,authority cohesion,procedure cohesion and evidence cohesion.Although the existing laws and normative documents in China have relatively perfect provisions on the connection between the handling of work-related crimes between supervisory organs and procuratorial organs,the problems reflected in the connection process of handling cases between supervisory organs and procuratorial organs in different places still exist in practice.First,in terms of the convergence of functions and powers: the supervisory organ and the procuratorial organ are not well connected in the case-filing jurisdiction,the conflict between the application of supervisory lien and criminal compulsory measures,and the lawyers’ involvement in the supervisory investigation procedure.Second,in terms of procedural connection: the operation of the supervisory investigation procedure is not standardized in advance,the mechanism of examination and prosecution is not sound,the suggestion of lenient punishment and confession of the supervisory organ is ignored,and the supplementary investigation and self-supplementary investigation are formalized.Third,in the aspect of evidence cohesion,the coarsening of legal norms of evidence cohesion and the difficulty in starting the procedure of removing illegal evidence.Therefore,supervisory organs and procuratorial organs should start from their respective functions and duties,take the supervision Law,criminal Procedure Law and other legal norms as the basis,and combine the specific working practice to solve many difficulties in the connection of handling cases between supervisory organs and procuratorial organs.Firstly,in terms of the connection of functions and powers: improve the designated jurisdiction system,establish a communication and consultation mechanism,remove the obstacles to the connection of case filing and jurisdiction;Standardize the examination and approval procedure of lien,establish criminal filing node,improve the conversion of supervision lien and criminal compulsory measures;We should change the way we think about handling cases,issue normative documents,and build a system in which lawyers have limited involvement in supervision and investigation procedures.Secondly,in terms of the connection of procedures,joint documents are issued to strictly standardize the procedures of early intervention and accurately grasp the time nodes of early intervention.We will refine the rules for dealing with omission and omission in examining and prosecuting,and expand the autonomy of procuratorial organs in not prosecuting.Lower the threshold of admission of guilt and punishment,and enhance the binding force of leniency of admission of guilt and punishment on procuratorial organs;The time limit and number of cases returned by supervisory organs for supplementary investigation shall be applied flexibly,and the procuratorial organs shall be released to supplement the period of investigation and case handling by themselves.Secondly,to improve the evidence cohesion mechanism: change the status quo of over-reliance on "citation" evidence rules,and attach importance to the diversified development of evidence types;We will establish a filing system to exclude illegal evidence from applications,and strictly standardize the procedures for recording and recording for future reference.In a word,only by constantly improving the connection mechanism between the supervisory organ and the procuratorial organ in handling cases,can the reform of supervisory system be promoted step by step towards standardization and rule by law. |
