Research On The Jurisdiction Rules Of Interrelated Cases Between Procuratorial Organs And Supervisory Organs

The "Supervision Law of the People’s Republic of China",passed at the first meeting of the 13th National People’s Congress on March 20,2018,grants the supervisory authority the power of supervision and investigation of duty crimes,but the"Criminal Procedure Law" still retains the power of the procuratorial organ to investigate crimes of judicial dereliction and tort.According to the "Supervision Law" and the"Criminal Procedure Law",the supervisory organs and the procuratorial organs have jurisdiction over certain duty crime cases,which has led to a situation of overlapping jurisdictions in the filing of interrelated cases between Procuratorial Organs and Supervisory Organs in practice.In order to resolve the contradiction in the jurisdiction of case filing and jurisdiction of interrelated cases between Procuratorial Organs and Supervisory Organs in practice,different regions have adopted different approaches.In summary,there are mainly the principle of supervision and jurisdiction and the principle of appropriate jurisdiction.However,these two principles are rather vague,and reasonable jurisdiction rules cannot be determined for some cases.Therefore,the formulation of clear and operable jurisdictional rules for filing a case can not only provide a basis for resolving the problem of jurisdictional cooperation in interrelated cases between Procuratorial Organs and Supervisory Organs in practice,but also improve the efficiency of case handling.This article is divided into four parts:The first part:the general jurisprudence of the jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.Explain the meaning,characteristics,and causes of interrelated cases between Procuratorial Organs and Supervisory Organs,and then explain the necessity of establishing jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.The second part:the status quo of the jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.Focusing on the analysis of the"supervision-oriented" principle of the "Supervision Law" and the "communication+appropriateness" principle explained by the Supreme People’s Procuratorate,it points out the problems of my country’s current jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.The third part:the academic debate on the rules of jurisdiction over interrelated cases between Procuratorial Organs and Supervisory Organs.Introduce the theory of"combined jurisdiction" and "division jurisdiction" in the theoretical circles about the case of inter-inspection and supervision,analyze the rationality and unreasonableness of the two theories,and provide ideas for improving the jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.The fourth part:Suggestions on improving the jurisdiction rules for interrelated cases between Procuratorial Organs and Supervisory Organs.Proceeding from the principle of equality,the principle of benefiting criminal investigation and supervision and investigation,the principle of cheap economy,and the principle of operability,different case filing jurisdiction rules shall be established for different types of interrelated cases between Procuratorial Organs and Supervisory Organs.