Font Size: a A A

Study On The Connection Mechanism Between The Supervision Law And The Criminal Procedure Law

Posted on:2024-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2556307052987519Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In essence,although the Supervision Law and the Criminal Procedure Law have different institutional values and functional orientations in the socialist legal system with Chinese characteristics,they are both closely related and inseparable important legal norms in combating corruption and promoting national governance.The Supervision Law is a new legal department independent of other legal systems,a special law in the field of anti-corruption.It has the functions of legalizing the reform of the supervision system,realizing the comprehensive coverage of national supervision.The Criminal Procedure Law belongs to both the procedural law system and the criminal law system,procedural law and general law.It also has the function of ensuring the correct implementation of the Criminal Law and safeguarding the rights of suspect.Therefore,establishing a benign system connection mechanism between the two laws not only has the necessity of anti-corruption,restricting the abuse of public power,and protecting legal rights,but also has the theoretical and practical basis.However,due to the differences in the values and specific provisions of the two sets of legal norms,the "two laws" have mixed application of duty violation and duty crime in the connection,lack of the application and connection mechanism of the two punishment methods of administrative punishment and criminal punishment,the lack of some transfer filing procedures and the lack of supervision and prosecution assistance procedures,and the incongruity in the jurisdiction and scope of jurisdiction have led to the dislocation and absence of jurisdiction,The standards for the identification and use of evidence are not consistent,and the identification and standards for the leniency of confession and punishment are also inconsistent.Based on the problems of the application of the two laws found above,to optimize the connection mechanism between the Supervision Law and the Criminal Procedure Law,it is necessary to first distinguish the difference between the duty violation and the duty crime from the entity,separate the duty violation procedure and the duty crime procedure from the procedure,clarify the difference between the two sanction methods of government punishment and the criminal responsibility investigation and clarify their respective application conditions;On the issue of transfer,when the case is transferred from the criminal procedure to the criminal procedure,it is necessary to increase the criminal filing procedure,clarify the review standards and detailed connection provisions of the procuratorial organ,and increase the procuratorial transfer and supervision filing procedure specifications of the case from the criminal procedure to the criminal procedure;In terms of assistance,the assistance procedures should be increased by clarifying the time node,starting mechanism,degree and scope of supervision and inspection assistance;On the issue of jurisdiction,we should pay attention to the principle of division of functions in jurisdiction and the application of priority of jurisdiction,and straighten out the order and mutual relationship of supervision organs,procuratorial organs and public security organs in jurisdiction;On the issue of evidence,it is necessary to coordinate the adoption and exclusion criteria of evidence materials at different stages,build the evidence linking mechanism around the qualification and probative force of evidence materials,and provide timely sharing and necessary assistance of evidence materials for other organs;On the issue of leniency in pleading guilty,we should clarify the core concepts,coordinate the identification and application standards of leniency by different organs,regulate the leniency range,and protect the legitimate rights and interests of the monitored objects and suspect according to law.The institutional functions of the two laws can be further demonstrated by clarifying the institutional premise for the connection of the two laws,and then by making up for the lack of supervision and criminal justice systems and improving coordination.
Keywords/Search Tags:supervision law, criminal procedure law, supervision system reform, Cohesion mechanism
PDF Full Text Request
Related items