监察检察主体互涉案件管辖问题检视

The Jurisdictional Problems of Subjects Involvement Cases between the Supervisory Committee and the Procuratorate

监察检察主体互涉案件是指案件虽然分属监察机关和检察机关管辖,但由于存在人员方面的牵连性,因此需要二机关之间进行衔接协作的案件类型。根据规定,此类案件既可以由监察机关进行并案管辖,也可以由二机关进行分案管辖,这是符合职权原则要求的。对于主体互涉叠加事实互涉的案件,更适宜采取并案管辖的做法。对于单纯的主体互涉案件,除非涉嫌多种违法犯罪的行为主体可能面临限制人身自由措施的适用,否则更适宜采取分案管辖的做法。在分案模式下,监察机关和检察机关应当依法奉行监察主导原则,此时监察机关"主调查"主要针对的是案件整体流程的把控和具体措施的优先适用。

Subjects involvement cases between the supervisory committee and the procuratorate refer to the types of cases that require coordination and cooperation between the two organs due to the involvement of subjects,although the cases are under the jurisdiction of the supervisory committee and procuratorate respectively.According to the legislation,such cases can be under the jurisdiction of both the supervisory committee and two organs,which is in line with the requirements of the principle of authority.For the subject and fact involvement cases,it is more suitable to adopt the approach of combining the jurisdiction of the case.However,for the only subject involvement cases,it is more suitable to take the case by case,unless the subject may face the application of the restriction of personal freedom.Under the case splitting mode,supervisory committees and procuratorate should follow the principle of supervision leading according to law.At this time,"the main investigation"of the supervisory committee is mainly aimed at the control of the overall process and the priority application of specific measures.