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On The Connection Between Supervision System And Criminal Procedure System

Posted on:2021-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q XiaFull Text:PDF
GTID:2416330611452698Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The promulgation of the supervision law marks the birth of another innovative law with Chinese characteristics.In the two-year legal practice,the supervision system plays an important role in purifying the political environment of our country,improving the ability of honest law enforcement and optimizing the administrative behavior.It shows the determination of the national leading organs to crack down on political borers and discipline,and all rights are taken from the people It can be used for the people and promote the positive and healthy development of social undertakings with Chinese characteristics.At the same time,we have to face that the birth of the new system will inevitably have many places that need to be constantly improved and revised.Only by putting the theory into practice and repeatedly grinding,can we get the best system that suits the public opinion and the national conditions.After in-depth understanding of the contents of the supervision system,the author believes that there are many connections between the supervision system and the criminal procedure system,but because of the lack of relevant experience,there are many problems that need to be studied and demonstrated in the connection of the two systems.Therefore,this paper aims to analyze the procedural connection of the two systems from the perspective of the macro introduction of the current situation of reform and the micro analysis of the connection of the two systems,and put forward that the two systems can be promoted To coordinate and connect.First of all,it introduces the general situation of the connection between the supervision system and the criminal procedure system.In theory,under the reform of supervision system,the terms of reference and the rights enjoyed by the supervision committee are clearly stipulated by law,which means that the powers of the original responsible organ of supervision cases should be changed accordingly.Therefore,it is necessary to clarify the current functional scope and rights of the procuratorial organ.From the perspective of practical operation,in the process of exercising its functions and powers,the supervisory committee will inevitably have work exchanges with the three organs of public security,public security and law.Understanding the current situation ofcommunication between the organs can better explore the connection between the two systems.As a newly established organ,the supervisory committee is bound to get help and guidance from the three organs of the public prosecution and the law.No matter in the investigation stage or in promoting the case to enter the criminal judicial procedure,the connection of the working mechanism is essential,and the procedure procedures need to be continuously optimized and improved.It is necessary to understand that the connection between the supervisory committee and the working mechanism of other organs is The foundation is conducive to better promoting the discovery of problems and suggestions.Secondly,on the basis of understanding the general situation of the connection,we will find that there are many problems in the connection between the supervision system and the criminal procedure system.Among them,in the connection of supervisory jurisdiction and litigation jurisdiction,there are problems of lack of legal basis for the connection of regional jurisdiction and lack of basic norms for level jurisdiction;in the connection of lien and criminal compulsory measures,there are problems of inconsistent implementation standards and imperfect implementation methods and procedures;in the connection of supervisory evidence and criminal litigation evidence,there is evidence transformation There are some problems in the connection between criminal investigation and criminal defense,such as the lack of legal provisions on the right of defense in the investigation stage and the imperfection of human rights protection measures in the investigation stage.Finally,only when there are problems can there be progress.Any system is not perfect at the initial stage of its establishment.As long as problems are found and problems are seriously solved,it will surely lead to system victory.Some problems in the reform of the supervision system are temporary.We firmly believe that under the firm leadership of the state leaders and the Communist Party of China,we will be able to eliminate all difficulties,solve problems and contradictions in terms of system and mechanism,and the reform of the supervision system will achieve great results.From the perspective of promoting the optimal allocation of the working mechanism of various organs and strengthening the connection and improvement of specific procedures,the author puts forward suggestions to promote the coordination and connection of the twosystems,hoping to contribute to the connection of the supervision system and the criminal procedure system.
Keywords/Search Tags:Supervision system, Criminal procedure system, Supervision reform, Institutional cohesion
PDF Full Text Request
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