监察法与刑事诉讼法的衔接问题

On the Connection between Supervision Law and Criminal Procedure Law

国家新设监察机关并制定《监察法》,为了确保职务违法和犯罪类案件能够在法律框架的规制中,2018年10月修改了《刑事诉讼法》,来解决监察法与刑事诉讼法的有效衔接问题。但实践中仍然存在许多问题,如立案、刑事强制措施、调查权性质、非法证据排除规则的适用问题需要解决,这就需要进一步完善监察制度相关法律法规的设计,早日实现监察法与刑事诉讼法的顺畅衔接。

The state has set up new supervisory organs and enacted Supervision Law.In order to ensure that cases of duty violation and crime can be regulated within the legal framework,Criminal Procedure Law was amended in October 2018 to solve the problem of effective connection between Supervisory Law and Criminal Procedure Law.However,there are still many problems in practice to be solved,such as filing a case,criminal compulsory measures,the nature of investigation power and the application of exclusionary rules of illegal evidence,which need to be further improved in the design of relevant laws and regulations of the supervision system,so as torealize the smooth connection between Supervision Law and Criminal Procedure Law as soon as possible.