The Study Of The Interface Between Supervision Detention Measures And Criminal Coercive Measure Procedures In The Context Of "Legal Convergence"

In faced with a bleak anti-corruption landscape,China embarked on a new path of national supervision system reform in 2016.After less than two years of research,the People’s Republic of China(PRC)Supervision Law(hereinafter referred to as "Supervision Law")was formulated and implemented in China in2018,and the reform of the national supervision system has also made steady progress under the government’s impetus.The National Supervisory Commission(NSC)has formulated the first regulation on supervision,namely the Regulations on the Implementation of the Supervision Law of the People’s Republic of China("Regulations on the Implementation of the Supervision Law"),in 2019,with authorization from the National People’s Congress Standing Committee(NPCSC).It actively explored the achievements of practice and summing up experience in the process of supervision system reform,concretized the principled and programmatic provisions in the Supervision Law,and woven a system network for the supervision organs and supervisors to perform their functions and powers.As a result,China’s efforts to combat public-sector corruption have been considerably bolstered.If public officials’ corrupt activity breaches the Criminal Law,they must be investigated for criminal liability under the Criminal Procedure Law.Following the adoption of the Supervision Law,China changed the Criminal Procedure Law to encourage the alignment of the two laws.Supervision detention measures are an innovation in China’s legal system that arose following the reform of the supervision system.It is neither a compulsory measure in administrative supervision,nor a criminal coercive measure of judicial organs,nor a disciplinary measure,but rather a unique compulsory measure in the inquiry measures of supervisory organs.Although they are both mandatory measures,their legal essence is vastly different from that of a criminal coercive measure.The supervisory committee has the authority to investigate cases suspected of duty crimes and to impose supervision detection measures on the investigated individuals.When a case is moved for review and prosecution at the end of the investigation stage,the supervision detection measures are turned into criminal cooperative measures.Supervision detention measures and criminal coercive measures are both high-intensity methods used to limit criminal suspects’ personal freedom.If there is a problem in the convergence process,it will affect not only the convergence of law and law,but also the overall situation of supervision system reform,as well as improper infringement on the respondents’ personal rights,thereby undermining the law’s credibility.On the premise of the theoretical connection between the two laws’ procedures,this paper combs and provides a summary of the current legislative status of the relationship between supervision procedure and criminal procedure,and on this basis,discusses the problems arising from the connection between Supervision detention measures and criminal concerted measures,in order to draw innovative suggestions to promote the efficient connection of procedures.The first section of this paper examines the fundamental theories.First,it describes the link and differences between the supervisory Law and the Criminal Procedure Law,including a discussion of their legal status as well as how the supervisory law and the criminal procedure law relate to one another.Second,it emphasizes the importance of an effective relationship between the two methods.Third,it indicates the feasibility of a seamless connection between the two methods.The second part discusses how the laws governing the convergence of the supervision law and the Criminal Procedure Law currently stand.,as well as the problems that exist in the convergence,such as imperfections in the stages of case review and investigation,transfer for review and prosecution,and return for supplementary investigation.The third section proposes a solution and methods to address the problem.