Study On The Convergence Of Jurisdiction Between Two Laws

In the connection of the Law of Supervision of the People’s Republic of China and the Criminal Procedural Law of the People’s Republic of China,some difficulties of practical operation came into being.To be concrete,in the stage of placing a case on file,the overlapping of the jurisdiction of cases and the blank of jurisdiction are very common owing to the unclear division of the functional jurisdiction of the supervision organizations and the procuratorial organizations.In the stage of inquiry or the stage of investigation,if supervision is always given priority to,the quality of handling cases in which the police organs and the procuratorial organizations play the leading roles would be descending as a result.In the stage of referring a case and prosecution,the inconsistent standards of dividing the grade jurisdiction of the two laws may cause the non-equivalence of the grade of organizations in referral of a case.In the stage of referring a case and prosecution,owing to the lack of relatively perfect consulting mechanism,the designate jurisdiction of the supervision organizations would decide the grade of the successive judicial organizations.In order to solve the problems above,it is necessary to take corresponding measures to improve and refine as follows.As to the jurisdiction of placing a case on file,the division of functions of the supervision organizations and the procuratorial organizations should be defined explicitly.In addition,the jurisdiction of the procuratorial organizations over the judicial personnel’s act of damage to personal rights of others and the judicial order of the country should be defined,too.In the stage of case inquiry or investigation,the standard of investigation which gives priority to the major crime of both the police and the procuratorial organizations should be added on the basis of “giving priority to supervision”.In the stage of referring a case and prosecution,the internal coordination of the procuratorial organizations should be utilized to solve the problem of non-equivalence of the grade of the referring organizations.In the stage of referring a case and trial,the communication and coordination mechanism for designate jurisdiction should be improved so as to ensure the people’s court has the final decision for consulting the grade of cases.In this thesis,the author aims to analyze and research in the problems above,and deduce some provisions of legislation on jurisdiction of the Supervision Law need to be improved,and then put forward some suggestions for establishing a systematic and complete system of connection between the jurisdictions of the two laws.