Research On The Linkage Between "Criminal Procedure Law" And "Supervision Law"

On October 26,2018,the National People’s Congress completed the third amendment to the Criminal Procedure Law.This amendment mainly includes three aspects,one of which is the connection with the Supervision Law.To a certain extent,it can be said that the promulgation of the Supervision Law forced new amendments to the Criminal Procedure Law.In order to better connect with the Supervision Law,the Criminal Procedure Law has amended its relevant provisions,but these amendments are mainly in the macro aspect,and the specific details of many issues have not been involved,thus resulting in the convergence of the two laws.obstacle.This article will take the newly revised "Criminal Procedure Law" and the newly introduced "Supervision Law" as the perspectives to study and discuss the problems in the convergence of the two laws from four aspects.The first aspect is the convergence of the basic principles of the two laws.The basic principles run through the two laws and are the foundation of their convergence.Article 4 of the Supervision Law embodies the principle of mutual cooperation and mutual restraint between the supervisory authority and other relevant authorities,but the newly amended Criminal Procedure Law does not cover this content.The author believes that the convergence of the two laws needs to implement the following three basic principles:one is the principle of trial as the center;the second is the principle of proper separation of disciplines;the third is the principle of respecting and protecting human rights.The second aspect is the connection of jurisdiction.Regardless of the type of case,the first step in criminal proceedings involves jurisdiction.The promulgation of the Supervision Law transferred the power of investigation of official crimes that originally belonged to the procuratorate to the Supervisory Committee,forcing the Criminal Procedure Law to re-stipulate the functional jurisdiction of each case-handling organ and to assign the investigation power of official crime cases to the supervisor At the same time as the organ,it also left the prosecutorial organ with the power to investigate some cases.However,this part of the investigation power held by the procuratorial organ and the jurisdiction of the supervisory organ have a problem of co-operation.The author believes that in order to ensure the supervision duties of the procuratorial organ,this part of the case is more suitable for the jurisdiction of the procuratorial organ.There is also a case of competing jurisdictions,that is,related cases.For such cases,the "Supervision Law" stipulates the principle of"the Supervisory Commission is the leader and other agencies assist".The author believes that there are distinctions between main cases and secondary cases,felony and misdemeanor in related cases.In order to improve the efficiency of litigation,professional people should be allowed to do professional things,and the traditional"main case-based" jurisdiction model should be adhered to.more suitable.The third aspect is the connection between the supervisory investigation procedure and the criminal procedure.The first is the connection between the inspection and investigation procedures and the review and prosecution procedures.After the investigation organ concludes the investigation of the case,it needs to be transferred to the procuratorial organ for review and prosecution.At this time,the case enters the criminal procedure.However,the cases under supervision and investigation did not go through the filing procedure in criminal proceedings,that is,they directly entered the review and prosecution procedure,which caused problems for the connection.In this regard,the author believes that the principle of appropriate separation of disciplinary laws should be implemented,and the standard for filing crimes and crimes should be distinguished,and the standard for filing crimes should be unified with the standard for filing crimes.After the case is filed,the procuratorial organ will review and prosecute,and there may be a problem of returning the supplementary investigation.The author believes that even if the supplementary investigation is returned,the case is still in the stage of review and prosecution.The law should detail the situation of the return of the supplementary investigation by the supervisory authority and the self-investigation of the procuratorate,and stipulate that if the procuratorate still believes that there is insufficient evidence after the second supplementary investigation,a decision not to prosecute shall be made.The second is the connection between the supervisory investigation procedure and the court trial procedure.The author mainly discussed the issue of supervisors appearing in court.The Criminal Procedure Law should provide that when the people’s court deems it necessary for the supervisor to appear in court,it should notify the supervisor to appear in court to explain the situation.The fourth aspect is the connection between personal coercive measures,that is,the connection between retention and criminal coercive measures.The author mainly discusses from three angles.First,the scope of application of retention measures.The applicable objects of indwelling should be distinguished from duty violations and duty crimes,and public officials and non-public officials should be distinguished;the applicable place of indwelling should be in a special position separated from the detention center.The second is how to allocate the retention,decision,approval and execution rights.In view of the fact that retention is one of the measures taken by the supervisory authority when investigating cases,the decision,approval and enforcement powers of retention should be allocated within the supervisory authority.After the supervisory authority at this level decides,it will be reviewed and approved by the supervisory authority at the next higher level and then by the supervisory authority at the next level.Supervisory authority implementation.The third is the conversion of retention and criminal coercive measures.When the procuratorate examines and prosecutes,it is the first conversion between retention and criminal coercive measures.At this time,the procuratorate can be allowed to intervene in advance to check whether the person under investigation meets the conditions of arrest.If it meets,then the case enters the review and prosecution process.Just arrest directly;after the prosecutor’s review and prosecution,if the case is returned to the supplementary investigation,it involves the second conversion of retention and coercive measures.The author believes that the principle of "retreat from the case,no one will be withdrawn" should be adhered to because the return of the supplementary investigation is the source Due to the supervision duties of the procuratorate,the case is still in the stage of review and prosecution,so the case is returned to the supplementary investigation,but the mandatory measures do not need to be converted.