Study On The Difficult Problems In The Connection Between Supervision And Investigation And Procuratorial Work

In order to strengthen the supervision of the exercise of public power and comprehensively promote the anti-corruption work,the Supervision Law of the People’s Republic of China was promulgated and implemented in 2018,which marked the formal establishment of the supervision system in China.In the same year,the amendment to the Constitution stipulated that the supervisory commission had the power to investigate duty crimes,and established the working relationship of "mutual cooperation and mutual restriction" between supervision and inspection.Therefore,the transfer of withdrawal cases has been investigated from the procuratorate,and the public power supervision system has been changed from chaotic and scattered to systematic.This measure has a great role in promoting the implementation of the anti-corruption policy at the present stage.Based on the supervisory investigation procedure and criminal procedure of the pursuit of goal,procedure value,supervisory organs and the procuratorial organs in duty crime function difference,in the duty crime investigation,prosecution,trial judgment need more authority cooperation and cooperation,formed between the new "investigation —— prosecution" mode makes the supervisory investigation and procuratorial work cohesion problem increasingly prominent.The problem of connecting supervision and investigation has been properly solved,and the smooth connection of supervision and inspection work is the first step to carry out anti-corruption work,which is not only related to the litigation efficiency and quality of duty crimes,but also related to the protection of human rights and the realization of substantive and procedural justice.Early supervision system reform,the practice of duty crime processing a lot of new problems,since the "supervision law",practice work is also actively formulate laws and regulations to meet the challenge,but due to the legislation is imperfect and fragmented,in practice,supervisory investigation and procuratorial work is still not solved,especially the lien measures and criminal compulsory measures cohesion,procuratorate intervention mechanism and duty crime cases return supplementary investigation.First in terms of lien measures and compulsory measures,lien measures system positioning does not lead to lien measures properties,supervisory organs a single lien measures and five kinds of criminal compulsory measures unequal duty crime transfer measures in the process of chaos,lien location is not clear to reduce the efficiency of the case,and first detention rules are not perfect.Secondly,in the system of early intervention of the procuratorate,the vague standard of the early intervention by the law and the quality of the case affect the early intervention and the early intervention system ignores the protection of the rights of the respondents.Finally,the relevant rules of the return of supplementary investigation of duty crime cases are not perfect,which also makes the connection between supervision and inspection very not smooth.In the current supervision mechanism of the transformation of the new period,it is necessary from the constitution of the inspection "mutual cooperation,mutual restriction" working relationship,based on the supervisory investigation and procuratorial work legislation cohesion status and practice,explore the duty crime two organs work cohesion problem solution,by setting the transition clause and from the practical study design two program cohesion system framework,to ensure the comprehensive improvement of supervision system in our country,realize the legal goal of punishing corruption.