Research On The Linking Mechanism Between Supervisory Power And Procuratorial Power From The Perspective Of Duty Crime Governance

The promulgation of the supervision law has opened a new journey of anti-corruption in the new era.The supervision law endows the supervision committee with the power to investigate job-related violations and job-related crimes,defines the positioning of the supervision committee in the new period,and also draws a clear distinction between the supervision organ and the investigation organ.The revision of the criminal procedure law and judicial interpretation and the formulation of relevant normative documents of the supervision committee and procuratorial organs have made basic responses and adjustments to the controversial issues in the connection between supervision procedures and litigation procedures,and optimized the existing connection mechanism to a certain extent.However,it is undeniable that there are still many thorny procedural connection problems to be solved in practice.The connection between supervisory power and procuratorial power is actually the connection between supervisory investigation procedure and criminal procedure.It is the main content of "mutual cooperation and mutual restriction" between supervisory organs and procuratorial organs stipulated in the constitution.It is also an effective way to reflect the concept of procedural justice and human rights protection,and promote the modernization of national governance system and governance capacity.The connection between supervisory power and procuratorial power is still in the process of exploration,It is of great significance to improve the connection mechanism between the two powers.In addition to the introduction,this paper will gradually promote it from three levels: theoretical deduction,practical analysis and countermeasure construction,pay attention to the research on the relationship between the two after the reform of the supervision system,the theoretical basis and specific procedures of the connection,and put forward corresponding solutions to the practical difficulties,so as to ensure the standardized operation of the connection mechanism.This paper consists of four parts:The first part is an overview of the theory of supervisory power and procuratorial power.This part focuses on the creation process of supervision power,points out that the connection between supervision power and procuratorial power is actually the connection between supervision and investigation power and procuratorial power,and then combined with the specific content of investigation power,defines the concept of supervision and investigation power,discriminates between supervision and investigation power and duty crime investigation power,looks for the similarities and differences between supervision and investigation power and duty crime investigation power,and then analyzes the power attribute of supervision and investigation power in detail,Clarify the legal positioning of the right of supervision and investigation.Secondly,from the perspective of procuratorial power.Combined with various existing theories,this paper describes the positioning of procuratorial power in the new period under the background of supervision system reform,and discusses the change of the specific content of procuratorial power and the impact of supervision system reform on procuratorial power.The second part analyzes the current situation of the connection between supervision power and procuratorial power.Firstly,it discusses the legal basis of supervision power and procuratorial power: starting from the independent exercise,taking mutual cooperation and mutual restriction as the main content,clarify the legal basis of the connection between supervision power and procuratorial power.Secondly,it analyzes the current situation of specific connection,and introduces the provisions of current laws and regulations on the connection of two rights,the current situation of practice at the macro level and the practical connection mechanism with some regional characteristics,so as to summarize the overall trend of the connection of two rights.The third part starts from the three stages of supervision and investigation procedure,analyzes the connection procedure from case filing procedure,investigation and review procedure to transfer,review and prosecution procedure one by one,and finds out the difficulties encountered in the connection process of the two powers,such as the lack of mechanism for the transformation from supervision and case filing to criminal case filing in the case filing stage,and the weak strength of procuratorial supervision;In the stage of investigation and examination,the conditions for the procuratorial organ to intervene in advance are unclear and the way of intervention is passive;At the stage of transfer,examination and prosecution,there are different rules for the application of evidence and low connection degree of coercive measures.The fourth part focuses on the path to improve the connection of the two rights in the aspect of mechanism construction.On the basis of the above,we should keep a good pulse,dredge the joints,establish the case diversion mechanism and dual filing mechanism,and build the internal and external cooperation mechanism of supervision and inspection,the procuratorial review mechanism of retention measures,alternative measures and other mechanisms on the basis of improving the existing early intervention mechanism,so as to solve some contradictions caused by procedure connection in practice,optimize the allocation of power between supervision organs and judicial organs,and promote the continuous improvement of supervision work,We will strengthen the fight against crime and corruption.