论监察权和检察权的协调衔接

On the Coordination and Links of Supervisory Power and Procuratorial Power

监察委的监督与检察院的法律监督在主体性质、客体、方式、功能、依据和后果上都有显著差别。两者相对独立,但又具备一定的互补性。两者之间的联系为当前追诉职务犯罪案件从监察调查阶段到司法起诉阶段的协调衔接创造了基础,完善了权力制约体系,为监察体制改革后反腐体系现代化建设提供了可能。

The supervision conducted by the Supervisory Commission is distinctively different from the legal supervision by the procuratorate in the aspects of subjects, objects, methods, functions, basis and effects.The two power are relatively independent while complementary to some degree. The connection of them provide the foundation for coordination and links from supervisory investigation to judicial prosecution in dealing with the duty crimes. It improves the power restriction structure and provides possible approaches to the modernization of anti-graft work after the reform of supervisory system.