监察法与刑事诉讼法衔接问题的深入剖析

An in-depth analysis of the convergence betweenthe supervision law and the criminal procedure law

近些年,我国的监察体制正持续深入改革,监察法的制定与颁布更是成为党和国家开展自我监督的重要体现。接着,为了更好地促进监察法与刑事诉讼的有效衔接,减少二者的矛盾与冲突,立法机关对刑事诉讼法进行了修改与完善。但在具体的实践过程中,仍存有未尽之处,需要对二者衔接的问题继续作出深入剖析,如职能、级别和地域的管辖权的衔接,立案程序的衔接,调查程序与侦查程序的衔接,留置措施与强制措施的衔接等,需从多方面出发来对监察相关法律内容进行完善,进一步促进两法的有效衔接。

In recent years,China’s supervision system is being reformed,the formulation and promulgation of the Supervision Law is an important manifestation of the self-supervision carried out by the Communist Party of China and China.Therefore,in order to better promote the effective convergence between the supervision law and the criminal procedure law,as well as to reduce the contradictions and conflicts between the two laws,the legislature has amended and improved the criminal procedure law.However,in the actual judicial practice,there are still some issues that need to be further analysed and discussed regarding the convergence of the two laws,including the convergence of functional,grade and regional jurisdictions,the convergence of filing procedures,the convergence of investigation procedures and detection procedures,the convergence of detention measures and coercive measures,it is necessary to complete the content of the supervision law from various aspects so as to assist the effective convergence of the two laws.