Vertical and Horizontal Comparison as well as Referential Perfection of the Cohesion Between Inspection and Supervision in China and South Korea Under the Background of Judicial Reform

Abstract

As China revised the Criminal Procedure Law in 2018, new requirements were put forward for procuratorial organs in the investigation of duty crimes, that is, proper connection and mutual cooperation. However, the cases investigated by the newly established national highest supervisory agency, the supervisory committee, are transferred to the people’s procuratorates. Thus, when the handling methods of cases accepted by the people’s procuratorates are based on the inconsistency between the provisions of the Supervision Law and the Criminal Procedure Law, the supervisory agencies and procuratorial agencies are faced with the connection of litigation procedures. From a horizontal point of view, this paper compares the procedures of cohesion between inspection and supervision in China and South Korea. Meanwhile, it grasps the unclear jurisdiction and intervention in the current cohesion process vertically to discuss the necessity and adaptability of system design. It puts forward that the evidence chain connection, the system establishment of case handling communication and coordination, and the procuratorate’s early intervention and the supervisory agency’s opinion are the rational thinking to promote the procedure cohesion, which helps clarify the duty crime case handling and ensures the logical consistency of the inspection and supervision cohesion system.