In the running process of the unitary investigation procedure between duty violation and duty crime,there is competition and conflict between supervision investigation and criminal justice in the jurisdiction rules of filing a case.There are some problems in the current regulatory texts of supervision,such as the lack of jurisdiction standards for related cases,the uncoordinated connection between supervision and criminal filing procedures,and the corresponding obstacles in the connection and application of criminal policies.In the case-handling mode of duty crimes led by supervisory organs,the rules of supervision and filing jurisdiction should strictly abide by the dualistic position of supervision and investigation.Based on the principle of supervising the internal division of labor of the investigation subjects,legislation should recognize the efficiency value of the joint jurisdiction rules,and strictly distinguish the applicable boundary between the active and compulsory joint jurisdiction rules.Combined with the"compartmentalized mode"of case-filing jurisdiction,legislation should clarify the duty of cooperation between master and slave among different jurisdictions in"divisional jurisdiction".At the same time,the legislative perfection of the rules of filing jurisdiction should first clarify the general situation and exceptions of the rules of merging cases involving each other,explore the relief procedure for the jurisdictional objection of supervision filing,and set the limitation of investigation for supervision filing.
维普
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