论刑事诉讼法与监察法衔接中的问题及应对

Problems and Countermeasures in the Connection between Criminal Procedure Law and Supervision Law

为更有效地整治腐败问题,我国颁布实施了《监察法》。《监察法》的实施开启了我国法治反腐的崭新局面,走出了一条富有中国特色的反腐道路。《监察法》有效地整合了国家打击腐败资源,实现了对一切依法行使公权力的公职人员监察全覆盖。同时为配合《监察法》的实施,《刑事诉讼法》也做出了相应的调整。但是由于两法的立法目的、法律性质等不同,目前《刑事诉讼法》与《监察法》的衔接并不顺利,使得在处理职务犯罪案件中依然存在着不少的问题,这将严重阻碍打击腐败犯罪的效果。因此有必要解决两法在衔接过程中所遇到的问题,以更好地使《监察法》和《刑事诉讼法》相互配合、相辅相成,有力打击腐败犯罪。本文主要从三个方面对两法的衔接进行了论述,第一部分论述了《监察法》和《刑事诉讼法》衔接的必要性;第二部分中分析了两法衔接过程中问题,主要从职务犯罪案件的管辖、监察留置与刑事强制措施之间的衔接以及两法之间证据适用规则这三个方面着重分析;在第三部分着重于对两法衔接中的问题给予建议,包括合理划分检察机关和监察机关的管辖权限,建立对监察留置的外部监督机制,完善《监察法》中证据适用规则等内容。

In order to deal with corruption more effectively, China has promulgated and implemented the supervision law. The implementation of the supervision law has opened a new situation of China’s rule of law and anti-corruption, and walked out of an anti-corruption road with Chinese characteristics. The supervision law effectively integrates the national resources for combating corruption. At the same time, in order to cooperate with the implementation of the supervision law, the criminal procedure law has also made corresponding adjustments. However, due to the different legislative purposes and legal nature of the two laws, the connection between the criminal procedure law and the supervision law is not smooth at present, so there are still many problems in dealing with job-related crime cases, which will seriously hinder the effect of combating corruption crimes. Therefore, it is necessary to solve the problems encountered in the connection of the two laws, so as to better make the supervision law and the criminal procedure law cooperate and complement each other, and effectively crackdown on corruption crimes. This article mainly discusses the connection between the two laws from three aspects. The first part discusses the necessity of connecting the Supervision Law and the Criminal Procedure Law;the second part analyzes the problems in the process of connecting the two laws, mainly focusing on the jurisdiction of duty crime cases, the connection between supervisory detention and criminal coercive measures, and the rules of evidence application between the two laws;the third part focuses on providing suggestions for the issues in the connection between the two laws, including a reasonable division of the jurisdiction of the procuratorial and supervisory organs, the establishment of an external supervision mechanism for supervisory detention, and the improvement of the evidence application rules in the Supervision Law.