Research On The Connection Between Supervisory Power And Procuratorial Power Under The Background Of Supervisory System Reform

The revision of the Constitution and the introduction of the Supervision Law in 2018 marked a new round of supervision reform in China.Since then,with the supervision organs exercising the power of supervision on behalf of the state,the structure of state power has been transformed from the former "one house,one committee and two houses" to the current "one house,one committee and two houses".The supervision power,as an independent and complex new state power,includes supervision,investigation and disposal,etc.,which realizes the comprehensive supervision of all public officials exercising public power,which in essence breaks the uniqueness of the original procuratorial power as the right to exercise national legal supervision.Therefore,the power of supervision has been closely related to the power of prosecution since its birth.On the one hand,according to the Constitution and the law,there is a close relationship between the supervisory power and the procuratorial power,especially in the process of their respective exercise of the duty crime investigation power and the examination and prosecution power,there is a cross and connection;On the other hand,there are obvious differences between the right of supervision and the right of supervision in the way of supervision,the content of supervision,the object of supervision and so on.The relevant system can also ensure that the supervisory power and procuratorial power can operate on the track of the rule of law.But supervisory system reform after the operation has been more than four years,only two kinds of power to cooperate with each other is still in perfect restraint system,thus making the two problems still exist in the cohesion,especially the jurisdiction over cases in duty crime,the scope of procuratorial authority to supplementary investigation,the government by law construction and early intervention in investigation and related system is not perfect,It obviously affects the connection between supervisory power and procuratorial power.To solve the problem of the connection between supervisory power and procuratorial power,this paper believes that we should start from the following four aspects: first,improve the scope of jurisdiction of cases,the transfer of clues and regular consultation system,including giving priority jurisdiction to the supervisory organs,and establishing a "two-way transfer" clue transfer platform and regular consultation system;Secondly,the supervision organs’ advance intervention system was refined,and more detailed and specific laws and regulations were introduced to refine the intervention time and mode.Thirdly,to improve the application rate of procuratorial organs for supplementary investigation,and to better play the right of procuratorial organs for supplementary investigation by clarifying the scope of accepting cases and refining the exercise of procedures;Finally,the integration of the power exercise concept between the supervisory and procuratorial organs should be strengthened,and the professional level of the staff of the supervisory and procuratorial organs should be enhanced by organizing joint training of the staff of the supervisory and procuratorial organs and establishing the National College of Supervisors.It will not only help to build a centralized,unified,authoritative and efficient national supervision system with Chinese characteristics,but also realize the efficient connection between the supervision power and the procuratorial power,so that the two kinds of state power can operate in a standardized and efficient way on the track of the rule of law.