A Study On The Connection Problems Of The Cases Referred To Prosecution By The Supervisory Committee

With the overall advancement of the reform of the state supervision system and the implementation of the Supervision Law of the people’s Republic of China,the functional system of duty crime investigation gradually formed since the reform and opening up will be stripped from the procuratorial organs.How to standardize the procedure connection between supervisory organ and procuratorial organ in the process of transfer and examination is very important.Therefore,this paper focuses on the research from the supervisory organs in the transfer of prosecution cases from the selection of theoretical and practical operation of controversial or existing problems in the connection procedure.In addition to the introduction,this paper consists of six parts:The first part,the value guidance of the coordination mechanism between supervision and procuratorate.Under the background of the reform of supervision system,a new pattern of criminal procedure has appeared in our country,that is,"investigation-prosecution-trial".According to the concrete form of the right and the realistic need of the procedure connection,the supervisory organ and the procuratorial organ should regard the homomorphism of the prosecution crime,the two-way of the right restriction and the validity of the right guarantee as the value guide of constructing the coordination mechanism.The second part,the procuratorial organ intervened in advance.In order to strengthen the guidance and supervision of investigative activities,In 2018,the State Supervisory Commission and the Supreme people’s Procuratorate jointly formulated the measures for linking the work of the State Supervisory Commission and the Supreme people’s Procuratorate in handling cases of official crimes.Clear "early intervention" system design.The procuratorial organs intervened in advance during the investigation stage,although it was better to guide the investigative activities of the supervisory organs,due to the imperfection of the existing legal provisions,there was a lack of supervision rigidity.The lack of a long-term mechanism of information sharing restricts the full use of the early intervention system.In the future,we should establish a long-term information-sharing mechanism,the procuratorial organs should continuously refine the investigation system in advance,clarify the scope,start-up mode,working methods and establish long-term information sharing mechanism.The third part,the link-up of detention and arrest.As the node between supervision procedure and judicial procedure,detention transfer is related to the start of criminal procedure.Therefore,in the form of legislation,the new Criminal procedure law defines "first detention" as a concrete cohesive device,and effectively solves the supervision problems caused by procedural convergence.But also caused repeated interrogation,lack of system,the operation of conflicts and other issues.Therefore,it is necessary to continuously optimize the supporting measures of detention and turn-over arrest.The fourth part,transfer and examination of evidence.In the link between investigation procedure and criminal procedure,the transfer and examination of evidence is the key point.The official Supervision Act directly recognizes the evidentiary qualifications of the evidence collected during the investigation phase in criminal proceedings.However,there are still some problems in the examination and transfer of evidence,such as the differences in types and rules of evidence,and the imperfect exclusionary mechanism of illegal evidence.In order to solve the above problems,we should refine the rules of evidence collection,standardize the transfer of evidence,and construct an illegal evidence exclusion mechanism connected with the investigation procedure to achieve the transfer and examination of evidence.The fifth part,supplementary investigation and self-supplementary investigation.If the procuratorial organ considers that supplementary verification is necessary after examination,it will initiate supplementary investigation and self-supplementary investigation procedures.However,due to the imperfection of the legal provisions,the system loopholes and practical dilemmas of supplementary investigation and self-supplementary investigation are created at present.In order to make full use of the advantage of this system,it is necessary to continuously refine the supplementary investigation,perfect the procedure of self-supplement investigation,prevent and correct the errors and omissions that may occur or have already occurred in the course of investigation,so as to apply the law accuratelyThe sixth part,lenient punishmentnfor the admission of guilty and acceptance of punishment and non-prosecution.In the light of the existing legal provisions and the operational status of judicial practice,and with regard to the cases referred by the supervisory organs for prosecution,In the procedural convergence and communication of prosecution decision-making process,emphasis should be placed on the convergence of the admission and punishment leniency system and the coordination of communication when making non-prosecution decisions.However,due to the different application of leniency conditions,the independent protection of the right of public prosecution leads to the dilemma of the link of prosecution decision.In the future,we should start from two aspects of voluntary examination and lenient conditions,and construct a lenient system of criminal recognition and punishment,which is connected with the investigation procedure.Strengthen the communication mechanism,the reasoning mechanism,and the truth of the non-prosecution decision At present,the mutual cooperation and restriction between the supervisory committee and the supervisory organ should be established.