Research On Discipline Inspection Organs And Procuratorial Organs Investigators System Of Convergence

At the time of the Eighteenth National Congress, our fight against corruption has made great achievements, to this end, our two main anti-corruption agency discipline inspection organs and procuratorial organs have made great contributions. Discipline inspection organs and procuratorial organs, belong to two different types of institutions, they also have different share similar, with more contact with their respective division in the anti-corruption work. How the similarities and differences, and to clarify the link with the independence in their relationships, norms their convergence, so that they join forces in the fight against corruption, promote China’s anti-corruption work in depth and healthy development, which is trying to explore the direction of this article.At present, the relevant provisions involving discipline inspection organs and procuratorial organs of convergence less, mainly the newly revised Criminal Procedure Law of the evidence of both conversion, an additional provision is common both central authorities issued the document. Work in practice, both mainly in convergence clues transfer, the transfer of cases, joint handling of cases, joint meetings, through the convergence of two investigators to solve the power shortage and other problems, give full play to the advantages of both, saving public resources, improve the efficiency of anti-corruption work.But the convergence process discipline inspection organs and procuratorial organs, and also there are some problems:the discipline inspection organs to digest some of the criminal case, so that some of the officials should be subject to the penalty imposed, subject only to the disciplinary sanctions; discipline inspection organs to transfer a case not in a timely manner, resulting in a subsequent prosecution investigation process passive; part of the discipline inspection organs handling the evidence obtained improperly entered in the criminal proceedings, so that the prosecution in handling cases by the number of questions, affecting the quality of some of the cases; in joint handling of cases, the discipline inspection prosecutors interfered with the prosecution independent exercise of powers, which could affect the impartial handling of some cases. The main reason for these problems is that for the two relevant provisions of convergence fewer lower rank, the more lenient provisions is not easy to execute, handling procedures of criminal procedure and investigation procedures and discipline inspection organs have not been reasonable distinction, while criminal litigation investigative techniques also means weaker discipline inspection organs of handling cases.How to improve the convergence of the discipline inspection organs and procuratorial organs to solve the above problems. First, to improve the convergence of the two "legislative" I think we should in the name of the General Office of the Communist Party of China Central Committee carry out the provisions of both convergence, both justifiably so, but also has a high potency, easy to implement. Second, in this provision, we want to establish a program and do not borrow, and do not participate in the program, remain independent, strengthen coordination and cooperation, in violation of the principles of the convergence accountable, while a joint meeting system to determine, case transfer system, jointly handling the case system, clues transfer system and other four systems. Finally, the discipline inspection organs and procuratorial organs must strictly follow the convergence of both system and do their work. Discipline inspection organs to strengthen discipline inspection personnel to ensure that the law in accordance with regulations in handling cases, prosecutors handling the case without interference. Procuratorial organs should strengthen the prosecution team building, the courage to uphold the independent investigators, the courage to strengthen accordance with the law.Under the rule of law in China in the background,we have reasons to believe that along with judicial reform and optimization of the legal environment, the discipline inspection organs and procuratorial organs will be more standardized and institutionalized, rule of law, discipline inspection organs and procuratorial organs It can be both strengthening and protection of human rights investigators, both to strengthen collaboration and remain independent, be able to make a greater contribution in the fight against corruption.