Research On The Procedural Connection Mechanism Between The Supervision Law And The Criminal Procedure Law From The Perspective Of Procuratorial Supervisio

With the adoption of the constitutional amendment and the promulgation of the supervision law in 2018,the reform results of legalization have been established.The National Supervision Commission and local supervision committees at all levels continue to deepen the reform and improve the supervision responsibilities in the subsequent law enforcement practice.The supervisory committee has the power to supervise the party discipline,administrative supervision and criminal investigation of public officials.The supervisory committee can deal with the disciplinary and illegal acts of public officials according to law.For job-related crimes,the supervisory committee needs to transfer the case to the people’s Procuratorate for investigation and prosecution after the investigation is completed,which is the normative basis for the connection between supervisory procedures and criminal procedures.Both the supervisory committee and the people’s Procuratorate have supervisory powers,but there are differences in the content and nature of their supervisory powers.Such differences not only lead to differences in legal norms,but also lead to tensions in the connection of the work of the two organs;The existing problems in the connection between supervision and prosecution in legal practice mainly focus on jurisdiction,coercive measures,application of evidence and supplementary investigation.After analyzing the essence of the criminal procuratorial power of the people’s Procuratorate and the supervisory power of the supervisory committee,we can come to the conclusion that the law enforcement work of the supervisory committee should be subject to the legal supervision of the people’s Procuratorate,The improvement suggestions based on the respective functions and powers of the two organs are feasible.The people’s Procuratorate is a legal supervision organ,and the ultimate goal of its supervision power is to protect the basic rights of citizens;The supervision committee is the public power operation supervision organ for the fight against corruption.The connection between the two should follow the concept of "ensuring the realization of the most basic civil rights without affecting the essence of the fight against corruption",so as to guide the connection of supervision and prosecution procedures to achieve a more comprehensive effect of the rule of law is the direction of this paper.