论监察机关与审判机关、检察机关、执法部门的互相配合和制约

On Mutual Cooperation and Check between Supervisory Organ on one Hand and Judicial Organ,Procurator Organ and Law-Enforcement Organ on the Other

《监察法》规定,监察机关办理职务违法和职务犯罪案件,应当与审判机关、检察机关、执法部门互相配合,互相制约。根据我国宪法精神和相关法律规定,这种配合和制约关系体现在审判机关、检察机关和执法机关应当配合监察机关办理职务犯罪案件:监察机关办理的职务犯罪案件应当由法院最终行使审判权和定罪权、应当适用非法证据排除规则等刑事审判规则;在与检察机关的关系方面,重点在于监察机关办理的职务犯罪案件的补充调查和检察机关补充侦查,以及审查起诉问题;与执法部门的关系体现在"调查权"与侦查权的关系、关联案件的管辖、强制措施的执行以及对腐败犯罪侦查的国际合作等问题。

It is prescribed by the Supervision Law of the People's Republic of China that supervisory organs shall,in handling duty-related violations or crimes,cooperate with judicial organs,procuratorial organs,and law enforcement organs,with mutual checks.According to the guiding principles of Constitution and relevant laws of China,the relations of mutual cooperation and checks are shown in that the judicial organs,procuratorial organs and law enforcement organs shall cooperate with supervisory organs to handle duty-related violations or crimes:in duty-related violations or crimes handled by the supervisory organs,criminal trial rules shall be observed such as courts exercise judicial authority and the authority for crime conviction,exclusionary rule of illegally obtained evidence shall be applied;in relations with the procuratorial organs,the emphasis is on additional investigation by the procuratorial organs for duty-related violations or crimes handled by the supervisory organs,and the decision to prosecute by the procuratorial organs.Supervisory organs' relations with law enforcement organs are embodied in relations of investigation power to detection power,jurisdiction over related cases,enforcement of compulsory measures and international cooperation for investigation of corruption-related crimes.