| Under the background of judicial system reform,the smooth connection between supervision and inspection has become a key issue affecting the quality and efficiency of duty crime investigation.In order to achieve the benign connection between the two organs of duty crime supervision and inspection,so as to achieve the goal of smooth operation,the legal positioning and power attribute of the two organs should be further refined and determined.As a full-time anti-corruption organ,supervisory organs are positioned as political organs which are different from administrative organs and criminal judicial organs.Under this orientation,supervisory power is a new type of complex state power with administrative and judicial characteristics.Under the background of supervision system reform,the procuratorial organ should still position itself as the legal supervision organ exercising its legal supervision power according to law.The two of them should form mutual cooperation and mutual restriction in the process of handling duty crime cases.At present,there are still many practical difficulties in the connection between early intervention in case handling,supervision detention and criminal coercive measures,evidence connection between supervision and inspection,and the application of leniency of guilty plea and punishment system under the connection between supervision and inspection,which should be targeted to solve the problems in the current environment.It is necessary to further optimize and analyze the connection problems of supervision and inspection in duty crime cases.So as to solve the problem fundamentally.The time and scope of the advance intervention of procuratorial organs should be perfected in the connection mechanism of the advance intervention of supervisory organs in supervisory investigations.In order to solve the problem that the procuratorial organ is too passive in the procedure of early intervention,we should establish the working mode of "early intervention",which is mainly invited intervention and supplemented by active intervention,and further optimize the feedback mechanism of early intervention of procuratorial organ.In the process of docking supervisory lien measures and criminal coercive measures,the prior detention measures,as a legal connection mode,should be clear its legal position and the starting time and execution place of the prior detention measures;In order to prevent the absence of legal norms in the case of duty crimes,the application of compulsory measures at the stage of return supplementary investigation should be clearly regulated.In the process of linking evidence of duty crime supervision and inspection,the evidence transformation path should be arranged reasonably at the initial verification stage.Because of the system problems of recording and video recording retention for reference in synchronous duty crimes,the system of retrieving and transferring recording and video recording should be further perfected.Due to the weak application of the exclusion rules of illegal evidence in supervisory organs is not conducive to the follow-up of the evidence with the procuratorial organs internal review mechanism of illegal evidence should be established.In the connection work of applying the system of leniency of confession and punishment in duty crime cases,we should further promote the supervisory and inspection organs to form a system consensus;Establish a response mechanism for lenient punishment suggestions of supervisory organs and improve the rights and interests of the subject of duty crime.In order to promote the efficient operation of our supervision and inspection cohesion work and better serve the fight against corruption. |
