Research On The Connection Mechanism Between Supervisory Organs And Procuratorial Organs In Duty Crimes

In March 2018,the first session of thirteenth session of the National People’s Congress passed the law of the People’s Republic of China on the amendment to the constitution and the law of the People’s Republic of China on inspection act,the establishment of the supervisory committee,produce way,composition,responsibilities and authorities for the regulation,supervision system reform to the nation provides the constitution and the law basis.The adoption and implementation of the supervision law of the People’s Republic of China enables the newly established supervisory commission to get involved in the investigation of job-related crimes,and to some extent replaces the position of the procuratorial organ.This major change will have a significant impact on the handling of each link of duty crime cases,and the resulting link between the supervisory organ and the procuratorial organ in duty crime cases has aroused wide discussion in the academic circle.In order to explore the supervision organization,after the reform duty crime is dealt with in the process of supervisory organs and procuratorial organs of cohesive devices,this paper,by using literature analysis method,law analysis,case analysis and comparative analysis,and after the reform about the present situation of supervision system reform of supervisory organs and procuratorial organs in the process of handling cohesion obstacles were studied.At present,the connection barriers between the two organs in the handling of duty crimes are mainly reflected in the division of jurisdiction,clue transfer,compulsory measure conversion and evidence rules.For example,the division of jurisdiction over cases is unclear,there are overlapping jurisdiction or jurisdiction gaps,and the principle of "supervision first" for complex cases needs to be optimized.There is no specific regulation on the time and mode of clue transfer,and there is no feedback mechanism of clue transfer.The nature of monitoring lien is controversial,and the conversion of compulsory measures adopted by the two agencies is not smooth;Evidence collection standards,transfer rules and exclusion rules of illegal evidence are not perfect.In both organs cohesive mechanism based on the above problems after detailed analysis,mainly from the following several aspects put forward the Suggestions of improving the cohesion mechanism: first,the cohesion of obstacles to the jurisdiction of the division of Labour,put forward to add the related case "On the more serious charge" for the principle of the original jurisdiction of the "supervision" exceptions to that rule and perfect the supervisory organs for the designation of jurisdiction;Secondly,in view of the connection obstacles of clue transfer,the author proposes to set the transfer time limit and establish an information-based clue transfer and feedback platform.Third,in view of the obstacle of conversion of compulsory measures,after discussing the legal nature of the monitoring lien and finally defining it as a monitoring measure,it is suggested that the applicable conditions of the monitoring lien should be further clarified,the applicable procedures should be standardized,and the procedures for the transition back to the supplementary investigation procedure should be clarified.Finally,in view of the connection obstacle of the evidence standard,the author puts forward the unified evidence collection rules,the optimized transfer rules and the illegal evidence exclusion rules.This paper explores the effective connection path between the two organs in the handling of duty crime cases,hoping that the supervision system can effectively crack down on duty crime and realize its reform value.