| In March 2018,the Supervision Law of People’s Republic of China(PRC)was formally passed at the first meeting of the 13 th National People’s Congress.The promulgation and promulgation of the supervision law marks the arrival of the supervision era in China,and at the same time,it also marks that the construction of the anti-corruption rule of law system in China has entered a new historical stage.In order to ensure the smooth implementation of the supervision law,the 13 th the NPC Standing Committee amended and supplemented the Criminal Procedure Law of People’s Republic of China(PRC).The reform of the national supervision system is a major political system reform.The biggest highlight of this reform is that it stipulates that the supervisory Committee should exercise the function of investigating duty crimes,and specifically stipulates the duties and jurisdiction scope of the supervisory Committee.This paper aims to analyze the theory of the connection between supervision procedure and criminal procedure from the perspective of the unity of legal system,and extend the legislative purpose of supervision law and criminal procedure law to the connection between supervision procedure and criminal procedure,so as to solve the problem of the connection between the two laws in procedure.This paper is divided into three parts:The first part aims to analyze the macro-theory of the connection between supervision procedure and criminal procedure from the perspective of the unity of legal system.This paper combs the origin of the unity of legal system,sorts out and summarizes the domestic discussion,and draws the conclusion that the connection between supervision procedure and criminal procedure is the requirement of the principle of unity of legal system and Marxist theory of rule of law.The second part mainly points out the problems existing in the connection between the supervision procedure and the criminal procedure,such as the unsmooth connection between the duty crime filing procedure and the criminal filing procedure,the unscientific setting of returning supplementary investigation,the unclear connection provisions of the jurisdiction procedure of duty crime cases,and the unsmooth connection between lien measures and criminal compulsory measures,and analyzes these problems.The third part is based on the first two parts,and puts forward some suggestions on the connection mechanism between supervision procedure and criminal procedure.It is suggested that the filing mechanism of duty-related illegal cases and duty-related crimes should be established on a case-by-case basis,and the system of returning supplementary investigation and the jurisdiction system of duty-related crimes should be optimized and improved.At the same time,the connection between lien measures and criminal compulsory measures should be discussed. |
