Investigation On The Relationship Between Supervision And Inspection From The Perspective Of Duty Crime Investigation

In the context of the reform of the supervisory system,the anti-corruption force of the nation has undergone a major adjustment.The investigative function of duty crimes subordinated to the procuratorial organ has been transferred to the supervisory organ,and the supervisory organ has carried out the investigative function of duty crimes.The reform has replaced the previous integrated mode of investigation and prosecution of duty crimes,thus avoiding the dilemma of unified supervision.At the same time,we should also see that the investigation of duty crime cases presents a new mode of coordination and restriction between departments.In this regard,the first chapter of this paper interprets the constitutional positioning of the supervisory and procuratorial organs and sorts out the functions of the supervisory and procuratorial organs,focusing on analyzing the nature of the duty crime investigation function and the scope of the legal supervision function exercised by the procuratorial organs.At the same time,the legal text after the reform of the supervision system is analyzed to clarify the relationship foundation of supervision and procuratorial organs in the case of duty crimes,and the content of the second part is introduced by the current legal norms.The second chapter begins,from the perspective of duty crime investigation,to explain the relationship foundation of the supervisory and procuratorial organs.There is emerging a relationship which is coordinated and sensitive among the supervisory and inspection organs.The coordination level includes the connection of case transfer,the connection of compulsory measures and the connection of evidence.The main channels of restriction are review and prosecution,return supplementary investigation and higher level state supervision and legal supervision.The current system is cleverly designed,which greatly improves the efficiency of handling duty crimes.However,there are still some shortcomings: the lack of filing procedure,the unclear detention place,the mechanical nature of the current detention link,the increasing difficulty in excluding illegal evidence,the restriction way to supplement the investigation and the lack of legislation for legal supervision all require a new round of judicial reform to go deeper and correct the deficiencies accurately.The third chapter is the theoretical part.Through the analysis of the above problems,it begins to seek the theoretical basis for the supervision and prosecution organs to construct the relationship of cooperation and restraint from the perspective of duty crime investigation.This paper argues that the procuratorial organ should embody the theory of human rights protection,comply with the reform of judicial system which takes trial as the center and the constitutional position of procuratorial organ as the national legal supervision organ.As the basic theory of restricting the operation of public power in the world,the theory of human rights protection should be reflected in the handling of duty crime cases.To comply with the requirements of judicial system reform centered on trial and the constitutional positioning of procuratorial organs as national legal supervision organs is to follow the characteristic achievements of domestic judicial reform,to fit the reality and ensure the smoothness of the purpose of building an effective relationship between supervision and inspection.The fourth chapter provides some suggestions for solving the deficiencies of the current system.From the perspective of detailing the coordination mechanism of supervision and inspection,it is helpful to make up for the deficiency of jurisprudence to clarify the connection of the filing of duty crime cases.The coordination of compulsory measures must give consideration to the spirit of human rights protection,and the system design should reflect the protection of persons under investigation.The system of early intervention should be rationally used,and the procuratorial organs should assist,guide and standardize the way in which the supervisory organs collect evidence.From the perspective of improving the mechanism of supervision,inspection and restriction,we can standardize the mechanism of case handling by strengthening the concept of procuratorial organs’ examination and prosecution and establishing the restriction channels of supplementary investigation,so as to prevent cases from flowing into the trial link at will.Finally,it is necessary to strengthen the legislation on the exercise of the right of legal supervision by the procuratorial organs,and make clear that the activities of law application should be included in the scope of legal supervision.