Study On The Connection Of The Supervisory Power And The Prosecutorial Power

With comprehensive promotion of supervision system reformation,a new important authority,supervisory power is paralleled with executive power,procuratorial power and judicial power.It ’ s execution is inseparable with the cooperation of other departments and authorities.In the background of supervision system and judicial system reformation,the connection problem of supervisory power and procuratorial power is the central problem of national supervision system reformation.Especially investigation and prosecution of abuse-of-power criminal is turned from the former “integration of investigation and lawsuit” into “supervision and investigation plus prosecution ”,which demands the analysis of procuratorial power and supervisory power on the aspects of power border,power configuration and functional properties;investigates the connection mode of supervisory authority and procuratorial authority in abuse-of-power cases;enhances criminal case efficiency;promotes national supervision system reformation;promotes modernization of national administration system and capacity.Supervision power has 3 authorities,they are supervision authority,investigation authority and disposition authority.As the key authority of supervision power,investigation authority attracts much attention.In the process of power execution,supervision committee can perform 12 concrete measures.The execution of supervision investigation power is an important segment to duty-related crime facts and evidence investigation.The quality of investigation determines whether the case can pass investigation and prosecution successfully and reach the judgement at last.Although the duty-related crime investigation power has been shifted,the position and power character of procuratorial authority that under supervision system reformation still unchanged.It is legal supervision organ.Its function can be divided into public prosecution type and supervision type.The duty-related crime case is tuned from the former inner “ investigation plus public prosecution ” to outer“inquiry plus public prosecution”.Therefore causes the connection problem with supervision authority.Supervisory power and procuratorial power are at the same rank.They executive power mutual independently.They cooperate and restrict each other.Their isotropic goa determines they act in close coordination.Prosecution authority determines whether prosecute or not on the basis of supervision investigation,supervisory organhas right to raise an objection toward procuratorial organ prosecution.It makes interaction of the two.The key link of the two in duty crimes mainly concentrate on jurisdiction,prosecution,retrial and evidence docking,etc.Because supervisory system is an unprecedented innovative reformation.The practical problems exist in connection of supervisory power and procuratorial power are different targets in operational process;imperfection of existing supporting institution;agency personnel are hard to satisfy demands,and problems like obscure administration connection in specific program connection,incomprehensive retention and criminal compulsory measure connection rules,and disunity of supervisory evidence and evidence of litigation criterion and forensics specification,etc。The unhindered connection of supervisory power and procuratorial power in transaction of duty crimes relates to the efficiency of supervision system reform and trial of duty crimes successfully.Therefore it is very important to solve the problem of the two powers connection.From the power operation mechanism aspect,we should enhance concept confusion in the process of power execution,complete supporting system,enhance personnel professional level,etc.In specific connection details,we should more detailing connection rules,explicit mode of case jurisdiction complete specific method of compulsory measure,unity evidence cohesion rules,and provide safeguard mechanism for supervisory power and procuratorial powers connect moothly.Realize supervision system reform build rigorous and efficient connection mechanism finally.