Research On The Connection Of The Procedure Of Supervisory Investigation And The Procedure Of Examination And Prosecution

The reform of the supervision system is invested with the nation’s hope of anti-corruption,which is a major measure in the development of the country’s rule of law and undoubted of great significance.However,it is also necessary to realize that the establishment of a new system will inevitably have an impact on the existing system.At the same time,the newly established system still needs to be improved in practice.At present,there is still a dislocation in the procedural connection between the supervision procedure and the judicial procedure.How to ensure the smooth connection between the two procedures is also a problem that must be considered.As the first key point to monitor cases entering the judicial process,how to ensure the smooth connection of the procedure of supervisory investigation and the procedure of examination and prosecution is an important content to optimize the reform.First of all,this paper analyzes the issues related to the connection between the procedure of supervisory investigation and the procedure of examination and prosecution based on legal theory.In order to lay the foundation for follow-up research,it is the premise of analyzing the relationship between the two procedures.From the perspective of the case progress process,the two procedures are independent of each other,and they are both at the necessary stage of case handling,and different legal norms are applied.But the two procedures are connected to each other as well,which constitutes the first joint point of the supervision cases to enter the criminal procedure.Then this paper discusses the value of the connection between the two procedures,referring to the great value to the exercise of the powers of state agencies,the realization of efficient anti-corruption and the protection of human rights.Then,this paper points out the basic principles that should be followed between the connection of the two procedures,including the principle of the unity of efficient anti-corruption and procedural justice,and the unity of independent exercise of power and power restriction.Secondly,this paper analyses the situation of the connection between the procedure of supervisory investigation and the procedure of examination and prosecution.By comparing the supervision investigation and general investigation procedures,it points out the particularity of the connection between the two procedures.At present,there are great disputes between the two procedures in the four aspects of filing procedure,supplementary investigation procedure,application of evidence rules,and lenient system of confession and punishment.Based on the present situation of cohesion in these four aspects,this paper points out the main problems in the process of convergence between the two programs at present.Firstly,the supervision and filing mechanism is not sound enough,and there is a lack of case filing and supervision mechanisms.Secondly,the legal norms for supplementary investigations are not perfect,there are problems that the supplementary investigation application is inconsistent with the content of the review and prosecution,and the protection of the rights and interests of the investigated is lacking.Thirdly,the regulations on supervisory evidence are unreasonable.Not only are the evidence standards for duty violations and duty crimes mixed,but there are inconsistencies in the types of evidence,and the Supervision Law has more general provisions on illegal evidence.Fourthly,the application of the leniency system for confessing guilt and punishing is not applicable Unification includes issues such as the unreasonable application of the supervisory procedures,the inadequate determination of conditions,and the lack of rights protection norms.Finally,because of the problems existing in the connection of the two procedures,this paper puts forward appropriate and feasible optimization suggestions.Firstly,optimize the supervisory case filing mechanism,build a mechanism for diversion of duty violation and duty crime cases,and a supervisory case filing supervision mechanism.Secondly,improve the legal norms for supplementary investigations,clarify the use of supplementary investigation procedures and the rights protection norms of the person under investigation.Thirdly,improve the rules for the application of supervision evidence,distinguish the proof standards for official illegal and official crime evidence,improve the relevant regulations on the types of evidence and the regulations on illegal evidence in the Supervision Law.Fourthly,integrate the application of leniency system of plea of guilt and punishment,narrow down the scope of applicable objects in the supervision procedures,and improve the applicable standards and the protection norms for the rights of the persons in the supervision procedures.