Establishment Of Identification System In Supervision And Investigation

After the reform of the supervision system,the commission for discipline inspection and the commission of supervision will work together.The establishment of the new body means that the corresponding legal system needs to be improved,otherwise the monitoring and investigation measures will easily become a runaway horse.The criminal procedure law does not apply to the supervision and investigation,and the identification measure is one of the investigation measures,which needs clear institutional guidance and norms.Under the new supervision and investigation mechanism,in order to give full play to science and technology to promote discipline inspection and supervision,it is very urgent to explore the construction of identification system in supervision and investigation.In addition to the introduction,the thesis is divided into three parts.The first part is to construct the theoretical basis of the identification system in supervision and investigation.The establishment of the identification system must be adapted to the operation of the supervision system.Therefore,the dual-track investigation nature and six characteristics of the supervision and investigation are firstly defined,including distinct political nature,relative independence,particularity of respondent,compound hierarchy,confidentiality and diversity of treatment methods.Secondly,this paper differentiates the concept of identification and the concept of judicial identification in procedural law,and makes it clear that identification in supervision and investigation is political and judicial.The second part is the analysis of the status and causes of the application of identification measures in the supervision and investigation.This part discusses from the following four aspects: Firstly,investigators have little expertise,little use of evidence other than verbal evidence,and no in-house technical unit.Secondly,in the supervision and investigation,the identification of starting right is not clear,from the starting subject,starting conditions,selection and appointment standards to explain.Thirdly,the provisions for supplementary identification and re-identification need to be improved,including the procedure for informing identification opinions and the application right for supplementary identification and re-identification.Fourthly,the absence of rules for the examination of expert opinions.The third part is the key content of this paper,is based on the theory and practice of institutional innovation.The first is to analyze the necessity and feasibility of constructing the identification system in supervision and investigation.The second is to expound the basic principles of the integration of the principle of judicial expertise and the principle of supervision and investigation,including the principle of rights protection,the principle of justice and efficiency,and the principle of strict confidentiality.The third is to identify the construction of start-up procedures.As for the subject,the subject under investigation shall be granted the right to apply for identification,and the supervisory organ shall have the right to decide on identification.On condition,should have relevance and necessity.In terms of procedure,the police department and the procuratorate shall assist the execution,and the social identification institution shall be entrusted as a supplement.Fourth,standardize the implementation of supplementary identification and re-identification,including the decision and implementation of the main body,implementation conditions,identification opinion notification procedures;Fifth,we need to supplement and improve the rules for reviewing expert opinions,including hiring people with special knowledge to review them and conducting legal supervision by procuratorates.