Research On The Linkage Of Supervisory Power And Procuratorial Power

Since the promulgation of the "Supervision Law of the People’s Republic of China" in 2018,it has marked the break of the "one house,two houses" structure of the traditional national political system,and the formation of a new "one house,one committee and two houses" state configuration.The Supervisory Committee came into being.On the one hand,the Supervisory Committee,as a national political organ,integrated the anti-corruption resources of the decentralized disciplinary commissions,administrative and procuratorial organs,set anti-corruption as its main goal,focused on duty crime investigations,and enriched its supervision measures.Realize the coverage of the right of supervision,strengthen the mechanism of supervision and accountability,address both the symptoms and root causes,curb corruption from the source,create a high-pressure situation of corruption,and completely reduce corruption to a high-risk activity.On the other hand,the emergence of the right of supervision has rescued the procuratorate that was originally in the predicament of homogeneous supervision due to self-inspection and self-prosecution,and caused the repositioning and integration of the nature of procuratorial power.Although the supervisory power is authorized by the law to investigate and dispose of post violations and criminal cases,it does not enjoy the right to bring a lawsuit.This determines the investigation and handling of corruption crimes.The supervisory power and the prosecutorial power are interconnected and separate from each other.The exercise of power must be linked with the prosecutorial power generation procedure with the right of public prosecution as the core.How to promote the effective link between the two has become a hot topic of great concern in all circles of society.Therefore,in order to advance the anti-corruption work smoothly to meet the needs of the current supervision and reform,the Standing Committee of the Thirteenth National People’s Congress considered and approved the amendments to the Constitution of the People’s Republic of China and the Decision on Amending the Criminal Procedure Law.Three amendments（hereinafter referred to as the "Criminal Procedure Law"）have laid a solid foundation for reform through the design of the top-level system.In the same period,various local areas followed suit and successively issued relevant department regulations.Although the promulgation of the above legal documents stipulates some of the content of the procedures for the connection between the supervisory and procuratorial organs in the violation of their duties and criminal cases,such as the investigation of official crimes,the movement of file materials,the examination and prosecution rules,and the exclusion of illegal evidence.However,the regulations on some specific procedures are not complete.The two agencies’ standards for handling cases are difficult to achieve complete uniformity.The level of comprehensive literacy and professional competence of the case handlers is different.There are flaws in the connection procedures,which leads to many connection difficulties in actual case handling.Conducive to the realization of the monitoring effect.In view of this,the main idea of this article is: plug in the analysis of the positioning of the supervisory power and the procuratorial power,draw on the valuable experience of the supervisory system in the history,and face up to the practical difficulties in connecting the supervisory and prosecutorial organs’ case handling procedures.In order to clarify the relationship between the two and to be relatively independent,explore the system and norms for the coordination and connection of the two,and promote the efficient detection of official crimes and the smooth progress of anti-corruption work.