职务犯罪中监察与刑事诉讼程序衔接机制——以构建以审判为中心的刑事诉讼机制为视角

Exploration of the Linking Mechanism Between Supervision and Criminal Procedure in Duty Crime:From the Perspective of Constructing “Trial-Centered Criminal Procedure” Mechanism

目前,监察体制改革稳步推进,《监察法》对监察机构办理职务犯罪案件规范化、法治化具有促进作用;但司法实务中依旧存在诸多问题,如监、检、法在程序对接与转化层面衔接不畅,职务犯罪案件处置中监察与司法部门之间未形成科学的衔接与转化,监察措施适用环节存在诸多争议与模糊之处。由此,应进一步畅通监察与刑诉程序的衔接,为监察委员会权力运行机制的法治化与科学化构建刑事司法路径,促进其与刑事诉讼制度的良好互动与相互制约,以规范监察机关权力运行程序机制。宏观制度设计方面,监察程序中应恪守程序正义与分离原则,在遵循以审判为中心的大格局的基础上理顺监察与司法机关权力配置。微观机制运行层面,推行职务犯罪分流处置与司法审查机制,完善留置程序运用,在调查、审查起诉与审判等各阶段中通过适用非法证据排除、构建职务犯罪案件智能管理平台等方式,构建合理的监督制约模式。

At present, the reform of the supervisory system has been steadily advancing, and the Supervision Law has promoted the standardization and legalization of the handling of duty crimes by supervisory organs. However, there are still some problems in judicial practice, such as poor connection between supervision, prosecution and law at the level of procedural connection and transformation;there is no scientific connection and transformation between supervision and judicial departments in the disposal of duty crime cases;there are many disputes and ambiguities in the application of supervision measures. Therefore, we should further smooth the connection between supervision and criminal procedure, build a criminal justice path for the legalization and scientificalization of the power operation mechanism of the supervisory committee, promote its good interaction and restriction with the criminal procedure system, and standardize the power operation procedure mechanism of the supervisory organ. In terms of macro-system design, we should abide by the principle of procedural justice and separation, and rationalize the power allocation of supervision and judicial organs on the basis of the trialcentered pattern. At the operational level of micro-mechanism, we should implement the mechanism of diversion and judicial review of duty crimes, improve the application of lien procedure, and set up a reasonable supervision and restriction mode through the application of exclusion of illegal evidence and the construction of intelligent management platform of duty crimes cases in various stages of investigation, review, prosecution and trial.