审查起诉阶段《监察法》与《刑事诉讼法》衔接问题研究

Study on the Connection between Supervision Law and Criminal Procedure Law in the Stage of Examination and Prosecution

在司法实践中,《监察法》与《刑事诉讼法》的衔接存在一些问题:监察案件移送审查起诉时缺少刑事立案程序;退回补充调查阶段被调查人所受强制措施规定模糊;《刑事诉讼法》中关于监察证据的适用和转化规制模糊。为了解决这些问题,建议建立监察案件专属的刑事立案程序;规范监察案件退回补充侦查阶段对被调查人采取的强制措施的规定;明确《刑事诉讼法》中关于监察证据的使用和转化规定。

After the implementation of the new Criminal Procedure Law on October 26,2018,the connection between the supervision law and the criminal procedure law became closer.However,in the subsequent judicial application process,there are still some problems in the legal connection between the two.These problems are mainly manifested in the following:the lack of criminal filing procedures in the supervision of case transfer review and prosecution;the vague mandatory measures imposed by the respondents in the supplementary investigation stage;the vague application and conversion provisions of the criminal law in monitoring evidence.In order to solve these problems,it is recommended to establish a criminal case-specific procedure for monitoring cases,to regulate the return of the case to be investigated in the supplementary investigation stage,and to clarify the provisions on the application and conversion of the evidence in the Criminal Procedure Law.