| The establishment of supervisory commission has a far-reaching influence on the allocation of power in China.How to realize the standardized and orderly connection between the investigation of duty crimes by supervisory commission and the examination and prosecution of supervisory organ is the key to the effect of cracking down on duty crimes.This paper expounds its own views on how to construct perfect connection methods,mechanism and measures of investigation and prosecution of duty crimes,which are mainly reflected in system level,legal level and practical operation level.After the reform of supervisory system,the article explains the new connection mode in the handling of duty crime cases,that is,the supervisory organs investigate the cases and then transfer them to the supervisory organs for examination and prosecution.And the new mode has the new characteristics of different application of compulsory measures and restriction of legal supervision.At the same time,under the background of comprehensive anti-corruption,the paper briefly discusses that supervisory organs are the specialized organs for cracking down on duty crimes,and makes clear the positioning of their political organs.This paper introduces the current linkage between investigation and prosecution of duty crimes in China from five aspects: filing procedure,evidence standard,use of compulsory measures,supplementary investigation and advance intervention mechanism.Combined with the current situation from the perspective of law and practice,summarize the specific problems existing in the connection between the two,find the crux of the connection between the two.At the level of rule of law,the legal basis of cohesion is not perfect,the rights and responsibilities of cohesion are not clear and the value orientation is not unified.At the practical level,there are the following problems: first,the criminal filing procedure is missing,and the transfer standard is not consistent with the criminal procedure;Second,the convergence of evidence is not standardized.In the connection,the effect of excluding illegal evidence is not ideal because of the supervision commission’s dominant role in duty crimes.At the same time,the evidence standard is too low and it is difficult to supervise the behavior of the commission.Third,compulsory measures are not smooth.The prerequisite conditions of lien measures are too low,the place of lien is not clear,and human rights are difficult to be guaranteed in the connection of compulsory measures.Fourth,there are some problems in the supplementary investigation,such as refunding,replenishing and connecting;Fifthly,problems such as excessive intervention,dependence on intervention and unclear stipulation of intervention conditions appear in the operation of early intervention mechanism.In view of the above problems,this paper explains the necessity of cohesion optimization from the perspective of governing the country according to law and practical needs.And from the concept,mechanism,procedure,practice and other aspects of the problem proposed solutions.One is to clarify the scope of case filing,set up an independent connection procedure of case filing for duty crimes,and improve the connection procedure of case filing transfer and case withdrawal;Second,the evidence source and evidence standard in evidence convergence should be clarified,the evidence transformation should be emphasized,and the environment of evidence convergence should be optimized.The third is to improve the connection between lien and criminal compulsory measures,strict preconditions of lien measures,at the same time to establish and improve the connection system of property management involved,strengthen the protection of human rights in the connection of compulsory measures;Fourth,perfect the connection of compulsory measures in the supplementary investigation stage,give full play to the supervision and restriction function of the supplementary investigation,and set up the linkage and restriction mechanism in the supplementary investigation stage;Five is to optimize the intervention mechanism in advance,limit the scope and mode of intervention,grasp the practice of intervention,grasp the supervisory commission as the main line of duty crime investigation,the supervisory organs to provide assistance to the intervention requirements.The content of the article includes many aspects,the purpose is to optimize the connection between the investigation behavior of duty crimes and the examination and prosecution behavior of the supervisory organ,improve the quality and efficiency of the crackdown on duty crimes in Our country,and consolidate the reform results of supervision system. |
