监察委员会和检察院之间的关系界定与职权衔接

On the Definition of the Relations Between the Supervisory Commission and the Procuratorate and the Linkup of Their Authority

监察委员会与检察院存在监督与制约关系，前者有权对后者公职人员进行监督，但不宜对后者是否履行法定职责进行监督以后者通过对前者职务犯罪调查活动的合法性监督以决定是否批准逮捕及提起公诉等方式对其进行制约。二者职权的衔接应通过修宪和立法明确权力界限、明确监察委员会职务犯罪案件的调查启动权、确保监察委员会调查取得的证据符合刑事诉讼标准、赋予监察委员会对检察院审查决定的异议权、强化二者在调查职务犯罪过程中的配合协作等路径实现。

There are supervisory and restrictive relations between the Commission and the Procuratorate. The former has the right to supervise the latter, but it is not advisable to supervise whether the latter is per-forming its statutory duties. The latter, through the legal supervision over the former crime investigation activi- ties, decides whether to approve arrest and prosecution, so as to restrict it. Both the functions and powers of linkup, division shall be defined by the constitution and the legislative power between the Supervisory Commit- tee duties crime investigation right to start, to ensure that the Supervisory Commission to investigate and obtain the evidences of criminal proceedings standards, to give the Supervisory Commission the right to dissent from the decisions of the Procuratorate, and strengthen the investigation of duty crime in the process of the collabo- rated work.