系统观念指导下的监检衔接问题研究

Research on the Connection between Supervision and Inspection under theGuidance of System Concept

系统观念对于检察工作具有重要的指导意义,在解决监检衔接相关问题中发挥着重要的作用。监检衔接应当坚持整体性、综合性、动态性原则。关于管辖互涉,应当完善管辖争议解决机制,建立监检联席会议制度,注重发挥监察管辖与检察管辖的各自优势;关于监察对象和犯罪主体的衔接,二者既非互相重合关系,亦非涵盖与被涵盖关系,在司法实践中应当正确把握二者的辩证关系;关于监检证据衔接,谈话笔录不应作为刑事诉讼证据使用,指定地点询问证人不影响证据合法性,对特定物品的指认具有证据能力;关于监检认罪认罚衔接,从宽处罚建议与认罪认罚从宽二者目标一致,既相互联系又相互区别,应当规范从宽处罚建议的适用程序,正确处理从宽处罚建议和认罪认罚从宽制度之间的关系。

The system concept has important guiding significance for procuratorial work and plays an important role in solving problems related to the connection between supervision and inspection.The connection between supervision and inspection shall adhere to the principles of holistic,comprehensive and dynamic.With regard to mutual jurisdictional involvement,the resolving mechanism shall be improved,a system of joint meetings for supervision and inspection shall be established,and attention shall be paid to the respective advantages.Regarding the connection between the subject of supervision and the subject of crime,they are neither overlapping with each other,nor covering and being covered,and the dialectical relationship should be correctly grasped in judicial practice.With regard to the connection of supervision and inspection evidence,the transcript of the conversation should not be used as evidence in criminal proceedings,the questioning of witnesses at designated locations does not affect the legality of the evidence,and the identification of specific items has evidentiary capacity.With regard to the connection between supervision and prosecution and plea of guilt and punishment,the recommendation for lenient punishment and the lenient plea of guilt and punishment have the same goals,are both related and distinct from each other,and the procedures for the application of lenient punishment recommendations should be standardized,and their relationship should be correctly handled.