To dispose is among the important functions of national supervisory power.In the current operation of national supervisory power,there are problems of substituting ad-ministrative sanctions for being handed over to prosecution,due to the ambiguous defi-nitions of administrative sanctions and of handing over to prosecution as well as to the closed operation of supervisory power.The Supervision Law grants no supervisory de-partment any right to discrete over the handling of duty crime cases,and consequently prosecution is instead taken over by improper administrative sanctions.To ensure su-pervision under the rule of law,the prosecution department should establish a system of prosecutional supervision of administrative sanctions based on Constitutional positio-ning,to strengthen supervision and restriction of the supervisory power of disposal.To this end,a system to obtain pre-approval from prosecution authority should be estab-lished,and it is based on the selective non-prosecution system;the intervention of pros-ecution power in the investigation power of supervision should adopt a post-supervision system,which is based on application.At the same time,the improvement of supervi-sion and prosecution,making supervision closely interfacing with prosecution,the con-crete criteria for conviction and sentencing of duty crimes,and the open operation of ad-ministrative sanctions should be used as guarantees for supervision.
维普
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