Study On Improving The Linkage Mechanism Between Supervision Investigation And Criminal Procedure

The Anti-corruption work is related to the effectiveness of a country’s governance and the country’s long-term stability,and must be given full attention.The“Supervision Law” is weaving an impenetrable legal network for the public power of this country.The Supervision Commission will continue to promote purification.Supervise the conduct of public power.The new power of supervision and investigation has shown vitality,and the legal environment in China has been further improved.The new thing of supervision and investigation makes the handling of duty crime cases comply with a new procedural system.In view of the barriers between supervision and investigation and criminal justice in terms of objectives,functional values,respective characteristics and specific procedures,in this process,duty crime cases have changed from Supervision and inspection are required for specific connection and cooperation during the filing phase,the supervision and investigation phase,and the review and prosecution phase.Based on the current legislation and practice,the problem of the connection between the two procedures that are naturally separated from the supervision investigation and the criminal litigation is particularly prominent.The failure of the connection channel will inevitably lead to the failure of the clear flow of supervision and anti-corruption to pass smoothly.This is also the next step.The problems that must be faced and resolved in the supervision work.Solving this problem is of great significance and effect in enhancing the strength of combating official crimes and anti-corruption,saving judicial resources and achieving procedural justice.Since the promulgation of the "Supervision Law",the supervision system has gradually improved,and the connection with the judiciary has gradually become smooth.The state and local governments have promulgated many supporting measures and rules and regulations.There are still obstacles to the transfer.This obstacle is not only caused by the imperfect legislation,but also the reason for the flaws in the cohesive work mechanism.This article takes the current status quo of legislation related to duty crime supervision and investigation and the current status of work practice as a logical starting point,focuses on the special nature of supervision and investigation power,and then analyzes the role of duty crime supervision and investigation and criminal litigation in case jurisdiction,evidence system,compulsory measures system,There are problems in the system connection of case transfer mechanism,confession of guilt and punishment,and leniency.Among them,in terms of jurisdiction,the jurisdiction of the supervision and investigation function is controversial,the supervision and investigation level jurisdiction and the regional jurisdiction are not clear,and the jurisdictional handling of related and interrelated cases Vague,the practice of designated jurisdiction for supervision and investigation has an arbitrary tendency.In terms of evidence connection,there are inconsistencies in the standards of evidence collection and transfer in the supervision and investigation,including the issue of the qualifications of the evidence at the preliminary verification stage,the issue of the standard of proof between the two,and the issue of irregular evidence collection procedures.In addition,in the exclusion of illegal evidence,the relevant rules are vague and difficult to apply.At the same time,the issue of the entire audio and video recording needs to be improved.With regard to the connection of compulsory measures,the inaccurate positioning of supervisory lien and the irrationality of prior detention have made the connection between supervisory investigation and criminal proceedings unsmooth.In the process of case circulation,the legislation has no specific and detailed operational procedures to refer to,which also makes the relevant cases in the supervision of prosecution and trial jurisdiction transfer procedures chaotic.Finally,in the process of supervision and investigation,the mechanism of confession of guilt and punishment by the investigator is misplaced and alienated,which also makes it difficult for supervision investigation to coordinate with criminal proceedings.The quality of the handling of duty crime cases is closely related to whether the supervisory agency can coordinate with various departments.The linking mechanism of supervisory investigation and criminal procedure can solve the problem of smooth transition between two completely different procedures,and it is a key task in the reform of the supervisory system.,It also has its special role in fighting corruption.In this regard,this article analyzes the problem and puts forward some targeted solutions and suggestions to improve the transition from supervisory procedures to criminal procedures,open up all aspects of the connection between duty crime supervision and investigation and criminal litigation,and promote the organic connection between supervisory agencies and judicial agencies.The innovation of the system has transformed the advantages of the supervisory system into the effectiveness of anti-corruption governance.