| In recent years,the introduction and improvement of the Supervision Law has opened a new journey of fighting corruption in accordance with the law.National legislation has also made a series of timely convergence provisions,such as the newly revised Criminal Procedure Law,the Rules of Criminal Procedure of the People’s Procuratorate,and the "State Supervision Commission and the Supreme People’s Procuratorate for the handling of office crimes" and other legal provisions,so that China’s rule of law anti-corruption work has been steadily advanced.But we also need to see that there are still many difficult issues in practice related to the convergence of legal procedures that need to be solved.Using the method of literature analysis and empirical research,this paper starts with the difficult problem of convergence between the supervisory organ and the procuratorial organ in the process of examining and prosecuting,and puts forward perfect suggestions for the criminal filing procedure,the return of supplementary investigation and self-supplementary investigation,the conversion of lien and criminal coercive measures,the application of evidence,etc.,and puts forward perfect suggestions to promote the effective convergence of the Supervision Law and other legal procedures such as the Criminal Procedure Law.The efficiency and quality of the promotion of the cha and the transfer of duty crimes are exhaustive.Generally speaking,this paper is divided into five parts.Besides the introduction and conclusion,the main body of the text is divided into three parts to discuss.The third part and the fourth part respectively discuss the difficulties encountered in the process of supervision and Inspection Convergence,and according to the problem proposed the corresponding solution countermeasure.The general contents of each part are as follows:The introduction of the first part mainly explains the background of the thesis,and gives a certain evaluation of the present situation of the supervision and inspection work in China in the light of the situation of the domestic and foreign authorities handling the cases of duty-related crimes,and summarized the Innovation Point and the insufficiency of this article.The second part explains the necessity of regulating the examination and prosecution stage,which is based on the need of the rule of law in the anti-corruption struggle law,as well as the relationship between supervision investigation and criminal procedure cooperation and restriction,in the context of the supervision system and the reform of the procuratorial system,it is inevitable to strengthen the effective convergence of supervision and inspection in the stage of examination and prosecution.The third part mainly discusses the monitoring investigation and criminal procedure convergence in the legal system and judicial practice appears a number of issues to be further standardized,including when to start the criminal case procedure time node,supplementary investigation and self-investigation operation mechanism effect is not good,lien measures and criminal coercive measures change transformation is not smooth enough,the evidence use rules of duty crime cases still need to refine these four aspects of the procedural issues,on the basis of the analysis of the specific problems existing to find a feasible solution.The fourth part is the author for the aforementioned problems put forward to solve the proposal,and strive to be able to find through some of their own bold thinking to find a perfect way to standardize the convergence of supervision and inspection.The way out to solve these difficulties lies in establishing the time node for the procuratorial organ to make criminal cases as the start of judicial proceedings,strengthening the coordination and cooperation of the supplementary investigation(investigation)link of supervision and inspection,strengthening the close conversion between the personal coercive measures and the criminal coercive measures of supervision and investigation,and deepening and perfecting the soundness of the legal system to guide practical practice more effectively in the application of evidence by reference to the evidentiary rules of the Criminal Procedure Law.The fifth part makes a brief summary of the whole text,in order to achieve the anti-corruption purpose of "central unity,authority and efficiency",it is necessary for the two organs to cooperate and restrict each other,jointly do a good job of legal convergence,realize the smooth interface between the supervisory power and the procuratorial power,the supervision law and the criminal prosecution law,the supervision and investigation work and the procuratorial supervision work,and finally lay a good foundation for the establishment and improvement of the national rule of law supervision system,and promote the continuous development of the national governance capacity and governance system modernization. |
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