监察法与刑法的衔接运行问题研究

Study on the Connection and Operation of Supervision Law and Criminal Law

基于监察法的法律地位,以及反腐败法律制度建设的要求,监察法和刑法需要实现有效的衔接。然而,在实践当中依旧存在着刑法的职务犯罪主体与监察法的监察对象不相衔接、自首认定不衔接等问题。若想使监察法长久地保持其有效性,就必须做好与其他相关法律的衔接工作,以确保监察法能够顺利实施,并为我国反腐败体系的建立提供强有力的支持。在这种情况下,分析监察法与刑法衔接的理论基础,梳理其中的相关问题并提出解决路径,有利于进一步实现监察法和刑法的顺畅衔接和规范运行。

Based on the legal status of supervision law and the requirement of anti-corruption legal system construction, supervision law and criminal law need to realize effective connection. However, there are still some problems in practice, such as the incompatibility between the subject of duty crime in Criminal Law and the object of supervision in Supervision Law, and the incompatibility between self-surrender identification. If the Supervision Law is to maintain its effectiveness for a long time, it must be well connected with other relevant laws to ensure the smooth implementation of the Law and provide strong support for the establishment of an anti-corruption system in China. In this case, analyzing the theoretical basis of the connection between supervision law and criminal law, sorting out the relevant problems and proposing solutions are conducive to further realizing the smooth connection and standardized operation of supervision law and criminal law.