The Study On The Connection Of The Supervision System And The Criminal Litigation System

Since the eighteenth national congress of the CPC,the overall strict administration of the party has continued to push in depth.In the November 2016,the decision on carrying out supervision system reform in Beijing,Shanxi province and Zhejiang Province is an important measure to push the party strictly to the rule of law,to solve the anti-corruption problem from the institutional mechanism and to strengthen the inner-party supervision,and it is highly concerned by all walks of life from the beginning of the reform.So,what aspects should we start with the reform and how to put it forward,what valuable experiences can we learn from the monitoring system in our country’s history,as well as what are the conflicts and contradictions with the current system in the reform,how to resolve these conflicts and contradictions,are the basic concept of this article.This article is divided into five parts,as follows.In the first part,the author focuses on the historical development of the supervision system in China,including the development of the supervision system from the Qin and Han Dynasties to the Ming and Qing Dynasties,and the historical evolution of the supervision system since the founding of the Republic of China and the founding of the PRC.Based on the development of the supervision system in history,this paper sums up the advantages and disadvantages of the supervision system in history,and draws on its essence in five aspects,such as the strong independence of supervision system,the high standard of supervision and selection,the legalization of supervision system,the checks and balances of power,the supervision of monitoring and so on,as well as analyzes the limitation of historical supervision in order to avoid these problems in the reform,and briefly discusses the main contents of the current reform.Part Two,part III,the author analyzes the conflicts and contradictions between the supervision system and the criminal litigation system,including four aspects,such as the conflict of rights and functions,the conflict of evidence application and so on,In response to these conflicts and contradictions,the author discusses the causes of these conflicts and contradictions,and puts forward the main reasons for the three aspects including the political thinking and the rule-of-law thinking,anti-corruption needs and procedural rule of law and centralization mode and decentralization mode.In the fourth and part five,the author expounds the necessity of the connection between the supervision system and the criminal litigation system,as well as some ideas on the connection of the two specific systems.In the argumentation of the necessity of institutional cohesion,it focuses on three aspects,such as the concept of human rights protection,punishing the actual needs of corruption and saving the need of judicial resources,and analyzes two aspects of the concrete system connection between the Supervisory Committee and the criminal prosecution system and the connection and modification of the specific systems.Finally,the author concludes that some problems appearing in the reform of the supervision committee are temporary,and as long as we face the problems directly,analyze the problems,solve the problems,and push forward the reform in depth from the institutional mechanism,we will surely win a major victory for the reform of the supervision system...