Research On The Construction Of "Supervision And Inspection Link" Mechanism Under The Background Of Supervision System Reform

The effective implementation of the Supervision Law has brought China’s anti-corruption work to a new stage.In the context of the reform of the supervision system,the effective interface between supervision procedures and judicial procedures has become an important issue in theory and practice.In order to further respond to the reform of the supervision system,the relevant departments have issued a series of regulations on the interface between supervision and prosecution,which have promoted the effective implementation of the rule of law in China’s anti-corruption work.In practice,the coordination and cooperation between the supervisory committee and the procuratorial organs still has many problems and needs to be improved.The effective interface between the supervisory committee and the procuratorial organs is not only a practical requirement for promoting the rule of law in the fight against corruption,but also an inevitable choice for improving the legal supervision system of state power.As the supervisory committee and the procuratorial organs are independent and interrelated,the first step in building an effective and smooth supervisory and procuratorial interface mechanism is to clarify the relationship between the two organs,the attributes of supervisory and procuratorial powers and their respective terms of reference.The relevant provisions of the Constitution and the Supervision Law,as well as the principle of mutual cooperation and restraint between the supervisory and procuratorial organs,are the theoretical basis for the construction of the supervisory and procuratorial interface mechanism.The basic principles of the supervisory-prosecutorial interface mechanism include the principles of human rights protection,proportionality,due process,and mutual cooperation and mutual restraint.The main contents of the supervisory-prosecutorial interface mechanism include the interface between the supervisory investigation and the criminal measures of the procuratorial organs,the interface between the completion of the supervisory investigation and the examination and prosecution of the procuratorial organs,and the interface between the return of the procuratorial organs for additional investigation and their own additional investigation.By summarizing the empirical analysis of the cases referred by the supervisory organs in practice,and taking into account the requirements of the national anti-corruption rule of law system in the new era,we found the following problems in the procedural interface between the supervisory organs and the procuratorial organs in practice: unclear specific provisions for early intervention by the procuratorial organs,lack of smooth interface of physical coercive measures,lack of detailed procedures for returning the cases for additional investigation,and lack of specific rules for the transformation and application of evidence.The following problems exist in the procedural interface: specific provisions for early intervention by the procuratorial authorities,lack of smooth interface of physical coercive measures,lack of refinement of the procedures for return of additional investigation,lack of specific rules for the transformation and application of evidence.In order to build a supervisory-prosecutorial interface mechanism with Chinese characteristics,ensure that anti-corruption work operates on the track of the rule of law,and promote the modernization of the national governance system and governance capacity,further improvements should be made in the following areas: improving the relevant provisions on early intervention,improving the application of coercive measures returned for supplementary investigation,strengthening the synergy between supervisory investigation and examination and prosecution,and unifying the rules and standards of criminal evidence.