Journal of Hebei University(Philosophy and Social Science) ›› 2023, Vol. 48 ›› Issue (1): 142-151.DOI: 10.3969/j.issn.1005-6378.2023.01.015

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Taking the Review and Prosecution as the Pivot:The Institutional Path of the Connection Between Supervision Law and Criminal Procedure Law

HONG Hao   

  1. Law School, Wuhan University, Wuhan, Hubei 430072, China
  • Received:2022-09-18 Online:2023-02-27 Published:2023-02-27

Abstract: With the deepening of the reform of supervision system and judicial system,the handling of job-related crime cases presents a practical pattern of dual independent coexistence,namely “investigation procedure” and “criminal procedure”.Among them,the investigation procedure is regulated by the supervision law,while the criminal procedure is adjusted by the criminal procedure law,and the pivot of the connection between the two is the review and prosecution procedure of the procuratorial organs.This procedure connection is reflected in:the job-related crime cases investigated by the supervisory organs must go through the review and prosecution procedure before entering the criminal procedure.Its proper basis lies not only in the intermediate link between the past and the future,but also in the normal extension of the legal supervision function and the leading role of the procuratorial organs.Of course,there are still a series of practical problems in the system connection mode of “taking the review and prosecution as the pivot”,so it is necessary to improve it through such measures as the procuratorial organs earnestly assuming the leading responsibility,striving to improve the subject status of the investigated and improving the actual effect of legal supervision.

Key words: review and prosecution, procuratorial organs, supervisory organs, legal supervision, procedure connection

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