The Interface Mechanism Between Supervision Investigation And Criminal Procedure

The reform of China’s supervisory system was decided on and piloted at the 30 th session of the Standing Committee of the National People’s Congress in November2017.In March 2018,the Supervision Law of the People’s Republic of China came into effect.By the end of the same year,the Standing Committee of the National People’s Congress decided to amend the Criminal Procedure Law of the People’s Republic of China in order to more effectively align the application of the Supervision Law.However,there are still problems in the connection between the two laws.In order to better study the linkage mechanism between supervisory investigation and criminal proceedings,the following three points should be known: First,from the perspective of its legal status and the nature of the supervisory power,the supervisory commission is a state organ newly established under the People’s Congress system,which enjoys independent state power alongside the original state executive power,judicial power and procuratorial power,namely the supervisory power.Secondly,from the point of view of procedure flow,the handling process of investigating the criminal responsibility of public officials for duty crimes after the reform of supervision system includes supervision investigation procedure and criminal procedure.On the one hand,the Supervisory Committee investigates the relevant personnel suspected of duty crimes,and after the investigation is completed,they are transferred to the procurator ate,and then prosecuted by the People’s Court of our country for trial.Finally,the goal of prosecuting the criminals is achieved.On the other hand,from the comparison of the hierarchical relationship between the Supervision Law and the Criminal Procedure Law,the similarities and differences between the supervisory investigation procedure and the criminal procedure are found.How to carry out the investigation of mutual cases.It is more difficult to coordinate the relationship between investigation and investigation in the course of monitoring the actual operation of the investigation.Because the surveillance law only provides for "mutual case monitoring as the main investigation" in general terms,so there are two different modes in the actual operation,one is the absorption mode of merging cases,the other is the investigation mode of dividing cases.But both of them have shortcomings.The main shortcomings of the absorption mode of merging cases are the lack of legal legitimacy,and the main shortcomings of the separate case investigation mode are the low efficiency of handling cases and the risk of indulging other crimes of the investigated.The ad hoc group investigation model can make use of the strengths and circumvent the weaknesses of the aforementioned two models.Thus,the collaborative investigation of mutual involved cases should be carried out mainly by ad hoc group,and then assisted by the mode of separate case investigation.When a criminal suspect is suspected of having a strong connection with his or her duty crime,the criminal relationship is perplexing.At the same time,there are risks in collusion or destruction of evidence after the transfer of the case to the public security or procurator organs.Therefore,the joint investigation should be conducted by the supervision team leading the development of the ad hoc group of public security or procurator organs.If the criminal suspect’s criminal facts clearly have nothing to do with the duty crime,it is easier to obtain evidence.Subsequent transfer to public security or procurator organs can not destroy the evidence and other hidden dangers.The ability to intervene in duty crime ahead of time is a powerful embodiment of the coordination and restriction between the procurator organs and the supervisory organs.In view of the contradiction between the role orientation of assisting investigation and preparing public prosecution in the intervention process,we need to balance it under the overall planning of the prosecution goal of duty crime.In the actual operation process,there are problems such as abuse of power and imperfect implementation rules in the early intervention.Therefore,it is necessary to optimize the early intervention process,set up the meeting minutes and document filing system on the basis of establishing and improving the case selection mechanism,so as to promote the early intervention connection mechanism to play a positive role.How to make the supervision investigation and criminal procedure to carry out a better connection is the key at present and how to apply the illegal evidence exclusion rules is included in the "law link".In the monitoring investigation of illegal evidence exclusion,there are difficulties in self-exclusion and self-supervision,the person under investigation can not get the help of lawyers in the aspect of illegal evidence exclusion.The procurator organs lack of clear supervision measures.Thus,In order to be able to effectively,rigorously and efficiently operate the illegal evidence exclusion rules in the supervision and investigation procedures,establish and improve the link mechanism between the illegal evidence exclusion rules between the supervisory investigation and criminal proceedings,our country must establish a perfect supervision and restriction mechanism to restrict the supervision organ,give the procurator ate clear supervision measures,and ensure that Guarantee the right of the person under investigation to obtain the help of a lawyer in the exclusion of illegal evidence.