| The reform of national supervisory system has changed the prosecution mode of the duty crime cases.Supervisory organs take the responsibility for the duty crimes investigation.and procuratorial organs take the responsibility for the examination of arrest and prosecution.They cooperate and restrict each other.Both of them have the same goal--to investigate the legal responsibility of duty crimes according to law,but because of the different positioning and division of power,they have their own insistence and standards.Under the new system and the mode of handling cases,there will inevitably be some connection problems and contradictions.To understand the relationship between supervision and prosecution organs correctly is the basis of solving connection problems between the duty crime investigation and criminal procedure.Under the premise of clarifying the relationship,this article focuses on the procuratorial practice through investigations and visits to understand the current situation and predicament of the connection deeply.From the angles of procedure and evidence,it analyzes,studies and solves the convergence problems with high probability of occurrence in the practice one by one,such as criminal filing,returning supplementary investigation,earlier intervention,transformation of evidence,proof standard,illegal evidence exclusion and so on.On this basis,it concludes and summarizes,combines theory with practice,and finds a deeper solution to the problem.In the final analysis,the problem of cohesion is a problem of relationship.We should ensure that the provisions of the Constitution on the relationship between supervision and inspection can be effectively implemented.We should strengthen mutual restraint while deepening the mutual cooperation to make sure the healthy development of the relationship.On the premise of laying a solid foundation,we should explore and innovate for specific problems and deal with new problems of the connection between supervision and inspection with new methods and means.We try to perfect the laws and innovate the mechanisms.For example,the dual filing mechanism and the remote supervision mechanism are a new design to solve the problem of the connection between supervision and inspection. |
