Research On The Linkage Mechanism Between Supervision Investigation And Criminal Procedure In China

Based on the characteristics between supervision and investigation power in various stages of operation,the convergence mechanism of supervision investigation and criminal proceedings in China generally covers the convergence mechanism of work coordination in supervision and filing jurisdiction,the convergence mechanism of supervision investigation measures and criminal coercive measures,the convergence mechanism of supervision investigation evidence rules,the convergence mechanism of supervision investigation personnel’s obligation to testify in court,the convergence mechanism of supervision lenient punishment suggestions and prosecutor sentencing suggestions,the convergence mechanism of supervision investigation and prosecution & trial,and the convergence mechanism of supervision and relief.Because criminal investigation directly applies criminal procedure law,it is different from supervisory investigation.The latter has necessary discussion space for system convergence in applying the two norms of "Supervisory Law" and "Criminal Procedure Law".The investigation of duty crime is embodied in the effect of transferring to examination and prosecution,which transcends the filing and investigation of criminal cases.If the monistic view of political attribute based on supervisory power cannot classify the difference of dual attribute between duty-related violations and duty-related crimes in the connection of criminal proceedings,it obscures the internal law of criminal proceedings.The power of supervision investigation is inherited from party discipline examination,administrative supervision and criminal investigation.Therefore,it is necessary to distinguish the nature of investigation procedures under different starting reasons from the dual perspective of duty-related violations and duty-related crimes,so as to make clear that the logical premise of the linkage mechanism between supervision investigation and criminal procedure.This logical premise is to adhere to the dualist position on the nature of supervision and investigation power,operating procedures and evidence rules.The convergence of supervisory jurisdiction shows that the initiation of supervisory jurisdiction can be reconstructed with the jurisdiction of other criminal subjects.Because the subjects with criminal jurisdiction have concurrence in the scope of accepting cases,it is necessary to clarify the difference between supervisory jurisdiction and court jurisdiction from the "combined case" and "divided case" jurisdiction rules.After the end of the supervisory investigation,the legislation must make it clear that the criminal case filing is a procedural transition sign linking the supervisory investigation with the criminal proceedings.The limitation of prosecution should also be divided as necessary according to the reasons for starting the supervisory investigation procedure.Supervisory department and other criminal judicial department must form working cooperation and assistance in handling clues.They should distinguish the different powers of "joint jurisdiction" and "separate jurisdiction" in handling clues.For clues of cases obtained by public security department according to technical means,strict examination and approval procedures should be specified,and conditions necessary for mutual involvement of cases with supervisory department should be satisfied.Based on the commonness between supervision investigation measures and criminal coercive measures,supervision investigation measures represented by "lien" firstly show semantic "integration".Legislation must deconstruct the internal homotypic approval procedure from the perspective of dualism.The subject of lien approval,the applicable period and the effect of the procedure should consider the differential setting between duty-related violations and duty-related crimes.After the investigation of duty-related crimes is completed,it is unreasonable and biased to change lien into "prior detention".The necessity and legitimacy of the transition of light and slow compulsory measures such as obtaining a guarantor pending trial and residential surveillance should be considered.The approval and execution of lien can draw lessons from the spirit of legalism and writ doctrine,which can consider the procurator department as the subject of judicial review to supervisory investigation measures.The setting of retention period should refer to administrative investigation,which shows a significant difference between the restriction intensity of personal freedom and criminal investigation.At the same time,the setting space of discretion standard for lien of duty-related violations is defined in comparison with the principle of proportionality.The provision of deduction on lien term for duty crime is compared with criminal detention or arrest,so as to define the reasonable limit of lien term for duty crime.Among the basic types of legal supervision evidence,the current legislation has some problems,such as semantic fragmentation,unclear boundaries of evidence standards and vague positioning of evidence rules.The current norms do not establish the standard of classification in the rules of evidence connection between duty-related violations and criminal investigations.There are legislative gaps that all types of evidence cannot be transferred for examination and prosecution in duty-related crimes investigations.Procurator department should be based on the function of examination and prosecution,and take the "objective obligation of prosecutors" as the basis to undertake the substantial examination obligation for the evidence collected in the investigation of duty crimes.When it comes to the connection of exclusionary rules of illegal evidence,legislation should specify the applicable requirements of the "assurance of truth" rule of physical evidence.Verbal evidence must examine the voluntariness of confessions,and the applicable conditions of the "defect correction" rule should be strictly limited.Based on the principle of directness for evidence investigation,legislation should also establish the duty of supervising investigators to testify in court from the perspective of court trial materialization,and guarantee the right of cross-examination under the doctrine of substantive debate.After the investigation of duty-related crimes is completed,the supervisory lenient punishment proposal may have an impact on the procurator sentencing proposal,but the specific sentencing range cannot be accurately predicted.The suggestion of supervisory lenient punishment can be regarded as the embodiment for the prepositive procedure of guilty plea and lenient punishment,but it should still be necessary for the procurator department to review the suggestion of lenient punishment at the stage of examination and prosecution.Because of the connection in content,the procedural connection between the two can form mutual reference but cannot constitute substantial interference in the court’s penalty discretion.The duty of supervisory department to participate in criminal trial by default can be embodied in the international judicial assistance in pursuit of escape abroad,cross-border enforcement assistance in confiscation of illegal gains and assistance in delivery of documents.Because the default judgment documents can be used as the basis for the enforcement of the confiscation decision of illegal gains,the supervisory department can still investigate and collect evidence from the fugitive criminal suspects during the trial.In the process of linking supervision investigation with criminal litigation relief,although legislation must list the duty violations in statutory supervision matters.The legislative logic of "violation must be responsible" requires that the duty violations in supervision investigation must be linked with the national compensation system.Due to the lack of standardization of supervisory compensation,legislation should construct supervision and compensation system from the aspects of compensation imputation principle,compensation scope,compensation procedure and relief guarantee,in order to avoid relief effectiveness limitation of "one-body supervision" between higher and lower levels.In the discussion of the subject scope in early intervention to duty crimes,besides procurator department legislation can also consider the possible limits of the "legal aid right" exercised by defense lawyers,public lawyers or duty lawyers during the investigation of duty crimes.There is a real reconstruction of the "legal aid" connotation in duty crime investigation and "defense" in criminal proceedings.Legislation can enrich the connotation of "legal aid" during the investigation of duty crimes from the perspective of the identity,time and space,methods and relief guarantee of early intervention,so as to highlight the value of human rights protection of legislation linking supervision,appeal and relief.