Supervision of Administrative Sanctions under Supervision Closely Interfacing with Prosecution
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.
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