The 20th National Congress of the Communist Party of China proposes: "Strengthening the restrictions on judicial activities，Promoting judicial justice。"" In our judicial practice，corruption of some judicial personnel is one of the important reasons for judicial injustice，corruption of judicial personnel、Bringing crime is not the scope of investigation of the procuratorate，It belongs to the scope of investigation of the investigation of the supervision organs。my country's "Supervision Law" defines the supervision organs as a specialized organ that exercises the national supervision function，Realized the full coverage of national supervision，Among them, it includes the court、Supervision of civil servants in the Procuratorate。In my country's judicial supervision system，Supervision of the Supervisory Organization of Judicial Officials，Punishment of judicial corruption、It is significant to promote judicial justice。

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First，accountability supervision。The judicial supervision of the procuratorial organs is mainly "supervision of things"，That is to correct the programmatic errors or physical errors in litigation activities，Mainly "error correction supervision"、"Responsive Supervision" supplemented by。and the supervisory organs are mainly "supervising people"，That is, a job violation of laws and regulations in judicial personnel、When illegal crimes, investigate the case and deal with it accordingly，Mainly "Responsible Supervision"。

2，Daily Supervision。Article 12 of the Supervision Law，Supervision committees at all levels can send or send supervision agencies to the state organs at Bet365 lotto review the level、Supervision Commissioner。In practice，Supervisory organs usually from the courts of the same level、The Procuratorate sent disciplinary inspection and supervision team，Its team leader often serves as the court、Member of the Party Group of the Procuratorate。Disciplinary Inspection and Supervision Team can be close up、Normal contact with the party members and public officials of judicial organs，to carry out daily nature、Continuous Supervision。

third，Comprehensive Supervision。The Supervisory Committee on the organization with the party's disciplinary inspection authority "Office Office"，Not only can you supervise illegal crimes of public officials，You can also supervise party members and cadres violations of discipline。The Supervision Committee's supervision of judicial personnel is the same。In terms of monitoring matters，Not only does it include the party style and clean government of judicial personnel in advance，Also includes the case after the incident、Investigation、Trial、disposal and other work。

Fourth，Priority Supervision。In judicial supervision，The Supervision Committee and the Procuratorate both have the right to investigate or investigate the right to investigate the crime of judicial personnel，But the scope of jurisdiction is different，The latter is limited to the illegal detention of the judicial personnel's use of its powers、Tortoise News Forced confession 14 types of crimes，corruption of judicial personnel、Crimes such as bribery must be investigated by the Supervisory Committee for investigation。In judicial practice，Cases of crime associated by judicial officers often occur。For this，"Regulations on Several Issues of Crime Crime Crime Crime Crime Crime Crime Crime Crime Crime" and "Regulations on the Implementation of the Supervision Law"，When Bet365 lotto review investigating judicial staff suspected corruption, bribery and other crimes，It is found that judicial officers are suspected of the aforementioned 14 crimes，You can jurisdiction together。This has given the Supervisory Committee's priority and dominance of the crime handling of judicial personnel。

　　The prosecution of the Supervisory Committee has a huge difference compared to ordinary criminal cases，It can reflect the existence of certain "supervision centerist risks" in judicial practice。Table 1 Data comes from information，Table 2 data comes from the "two sessions" work report of the Supreme People's Procuratorate from 2019-2023、National Prosecutor Meeting。

　　"Supervision Centerism" risk in judicial practice 

In the case of duty crime case，The supervisory organs and the judicial organs cooperate with each other、A relationship restricted with each other。Not only the supervisory organs can supervise judicial personnel，The judicial organs can also be legitimate to the procedures for the processing procedures for the supervision organs in the litigation procedure、Utchingy of collecting evidence to supervise。But because the supervisory organs have a high status in the national power system，It is prone to "Supervision Centerism" in judicial practice，As a result of the reduction of the results of the judicial reform of my country's "trial -centric"，Treatment of deviation from the laws of justice、Risks that hinder justice。

On the one hand，illegal evidence in the case of duty crime is difficult to exclude。In criminal proceedings，Court、Application of illegal evidence exclusion rules in the Procuratorate，It is not only a detection case、An important guarantee for justice，It is also the basic right to protect citizens、Important measures to deteriorate illegal evidence。my country's Criminal Procedure Law stipulates illegal evidence bet365 best casino games exclusion rules，The Supervision Law also stipulates the rules of illegal evidence exclusion in the supervision case，But when the judicial organs handle the duty crime case transferred by the Supervision Commission，However, there is a dilemma of "unwilling to arrange" and "dare not line"，illegal evidence has appeared in the dilemma of "exclusion difficult" in the handling of duty crimes。

On the other hand，The proceedings in the case of duty crime are low。In the case where the evidence is insufficient or the circumstances of the crime are mild，Procuratorate can make decisions of non -prosecution during the review and prosecution stage。Data show，Criminal judicial policy based on "less caught"，The non -prosecution rate of procuratorial organs at all levels in my country has shown an upward trend year by year，About a quarter of criminal cases in 2022 made decisions of non -prosecution。but，In the same year, the duty crime case was transferred to the supervisory organs for review and prosecution，The proportion of non -prosecution in the procuratorate is only about 3%，Compared with ordinary criminal cases，Forming huge differences。

No prosecution rate in duty crimes decreases significantly，Although it originated from the comparison of the operational procedures for investigating and handling cases in the Supervisory Committee，and pass the commandment、Government Affairs、Accountability and other disposal methods，Dives part of the duty crime cases that can be complained or not complained in the supervision process。but，There is also a practical world opinion that "the case of the transfer of the supervision organs transferred to the review and prosecution is not low，It is not a lack of cases that meet the decisions of non -prosecution，Instead, some prosecutors are more cautious about applying for duty crimes and not bet365 live casino games prosecution，Unwilling to make a decision without prosecution in the procuratorial session ... in practice，Some regional supervisory agencies have set up an assessment indicator such as ‘zero refund’ and ’zero not complaints.，Or the case of the main leaders of the supervision organs by the main leaders of the supervisory agency is confirmed as the reason for the transfer of review and prosecution，It is required that the procuratorial organs must not be refunded、No decision to make no prosecution。"From this point of view，The strong status of the supervisory authority on the supervision of judicial personnel，In some areas, the procuratorial rights are independently exercised in accordance with the law、Judgment has brought a certain negative effect。

　A balance of "Effective Supervision of the Supervisory Committee" and "Respect the Law of Justice" 

my country's implementation of the supervision system reform，Incorporate judicial officers into the jurisdiction of the supervisory organs，undoubtedly scientific and reasonable。But how to achieve the balance between the "Effective Supervision of the Supervisory Commission" and "Respect the Law of Justice"，Modernization of judicial personnel、Supervision of the rule of law，is a topic worth exploring and research。

First，In a duty crime case investigated by the Supervision Committee，Supervisor、Judicial organs still need to adhere to the "trial centerism"。Procuratorate、The court is in the handling of duty crime cases，It should follow the principle of evidence referee，Applicable illegal evidence exclusion rules in accordance with the law，The standard of certification that needs to be eliminated to exclude reasonable doubts in the guilty judgment。For the standard of not reaching legal prosecution、Cases of conviction standards，It should make decisions of non -prosecution or innocent judgment in accordance with the law。

Next，Certificate and Bet365 app download handling the judge's disciplinary committee or prosecutor's disciplinary committee member，The front conditions for dealing with judicial personnel as supervisors。Judge、Prosecutor's professional identity of judicial personnel，It is an important guarantee for its independent exercise in accordance with the law，Before their above identity was not denied or deprived，It should not be dealt with or punished by the supervisory organs directly，The judge's advancement of the judge should be reviewed by the judge's punishment committee，Investigation as the Supervision Committee、Disposal the front program of the judge。This can make it in a relatively neutral position、Disciplinary members with strong independence，Become a "buffer belt" and "isolation wall" between supervision and supervision and judicial independence。

Last，The inspection organs shall abolish the "zero refund" and "zero non -complaint" assessment indicators such as the laws of judicial laws。Due to supervision disposal and criminal prosecution、Standard differences of guilty judgment，Supervisors and prosecutors、The judge has different understanding of the same case，It is normal。For example, the Supervisory Committee believes that the facts of the case are clear、It is necessary to investigate the criminal responsibility of the investigator and transfer the case to the procuratorate，But the procuratorate found that the case had exceeded the time limit of prosecution in the review and prosecution，Or think the crime is mild，and make decisions of non -prosecution on the suspect，This does not mean that the supervisory organs and the procuratorate have a substantial difference in the facts and nature of the case，It does not mean that there is an error in the supervision organs in handling the case。"Zero Retirement" and "Zero Nothing" as an assessment indicator Bet365 app download within the supervision agency，Not only does it help to promote the correctness of the supervision organs、Standardize the case of treatment，It is also easy to lead to improper intervention in judicial activities，Violation of judicial independence and justice。

　 (The author is a professor at the School of Law of Jilin University)