Constructing a Collabrative and Mutual Restrictive Relationship for Supervision Closely Interfa-cing with Prosecution
"Mutual collabration and restriction"is the general principle of the relationship be-tween the supervision department and the prosecution department under the power structure model of process division with Chinese characteristics.The goal of mutual co-operation is to effectively guard against corruption,while the pursuit of mutual restric-tion is to protect human rights.Although the two keep balance with each other in a dy-namic way,their relationship should be transformed from the excessive collabration to the restrictive one.On the premise of adhering to the guidance of the rule-of-law-direct-ed supervision,we should ensure that the relationship between supervision and prosecu-tion goes adequately with the power operation mechanism in the process division of la-bor.The construction of a collabrative and mutual restrictive relationship for supervi-sion closely interfacing with prosecution must follow the fundamental principles of rule of law,human rights protection,accurate prosecution and political consequence.In practice,it focuses on the constraints on the legality of investigation,evidence collection and the discretion of transfering for review and prosecution.
万方数据
