Study On The Convergence Of Supervision Law And Criminal Procedure Law

The reform of the national supervision system has created the Supervisory Committee,a rule of law anti-corruption organization that meets China’s national conditions and enhances the ability to punish corruption in accordance with the law.The introduction of China’s supervision law marks a new historical stage in the construction of China’s anti-corruption rule of law.With the in-depth reform of the supervision system,China’s anti-corruption forces have been effectively centralized,and a new institutional model has been provided for the world to fight corruption.However,the constraints and cooperation between the supervision law and the criminal procedure law need to be further improved,so as to realize the back-and-forth and left-right linkage between the two laws,realize the reasonable configuration of supervision power,prosecution power and trial power,and promote the further advancement of the supervision system reform work.At present,there are still many problems in the interface between the Supervision Law and the Criminal Procedure Law,and the Supervisory Committee,the Procuratorate and the Court are required to effectively interface with each other at all stages of filing,investigation and prosecution of official crimes.The poor connection between the two laws will lead to the lack of guidelines for the effective connection between the supervisory committee and the courts and procuratorates in practice,and the connection between the two laws needs to be further optimized and improved.Specifically,this paper discusses in four parts.The first part introduces the basic theory of the interface between the supervision law and the criminal procedure law,mainly analyzing the functional orientation of the two laws,the connection and difference between the two laws,and the necessity of the interface between the two laws.The second part compares the positioning and scope of functions of the supervisory organs and judicial organs,as well as the allocation of powers in the reform of the supervisory system.The third part focuses on the practical dilemmas of the current interface between the supervisory law and the criminal procedure law,and discusses the four perspectives of filing,jurisdiction,coercive measures,and application of evidence to identify the existing problems and then solve them.With a focus on problem solving,the fourth part puts forward suggestions for improving the effective interface between the supervisory law and the criminal procedure law,including establishing independent filing procedures,refining jurisdictional provisions,refining the scope of application of retention measures,constructing a binary standard of evidence,and allowing lawyers to intervene in supervisory investigation procedures.