Research On The Connection Between The Targets Of Supervision And The Criminal Law In The Supervision Law

The Supervision Law is an important crystallization of comprehensively deepening the reform of the supervision system,and the academic community’s research on the Supervision Law extends from the Supervision Law itself to the connection between the Supervision Law and other laws.The Supervision Law and the Criminal Law jointly play the role of cracking down on job-related crimes,and there are many overlaps between the provisions of the Criminal Law on the subjects of job-related crimes and the Supervision Law in the connection between the targets of supervision,and there are also problems of poor connection.Sorting out the problems related to the connection between the targets of supervision,analyzing the problems and finding ways to smooth the connection between the two laws will help promote thorough anti-corruption work.There is inconsistency between the targets of supervision and the subjects of job-related crimes,the unit is not included in the scope of the targets of supervision,and the Criminal Law lacks regulation of the targets of supervision in terms of conviction and sentencing.By sorting out the above-mentioned issues,we further analyze the independent legal status of the Supervision Law and the Criminal Law,and conclude that it is not advisable to forcibly amend the law to bring the two laws into harmonization.The inclusion of units in the scope of supervision targets not only meets the purpose of full coverage of supervision,but also integrates supervision resources.The exercise of investigative power by supervisors has the attributes of judicial personnel,and can be regarded as judicial personnel,and it is necessary for the Criminal Law to regulate supervision personnel.In the process of smoothing the connection between the Supervision Law and the Criminal Law,solutions are proposed: clarify the criteria for defining the targets of supervision and reasonably explain job-related crimes.Include public service units as targets of supervision,and treat non-public service units as units involved in the case.Finally,in terms of supervision personnel,the conditional interpretation of supervision personnel as judicial personnel,and the place of detention as the ability of regulatory institutions to effectively achieve consistency between supervision personnel and judicial personnel in terms of conviction and sentencing,use the Criminal Law to solve the current gap in the Criminal Law in terms of relevant supervision personnel,and effectively realize the smooth connection between the targets of supervision in the Supervision Law and the Criminal Law.