Abstract

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Title:: Major Issues in the Convergence of the Supervision Law andCriminal Procedure Law

Keywords:: China’s supervision law; trial-centeredness doctrine; authority for detention; duty crimes; dutyviolations

Abstract:: As far as the investigation, prosecution and trial of duty crimes are concerned, the connectionbetween the state supervision law and the criminal procedure law is very important. This connection is notcontradictory in the legal principle, for the supervision law and the criminal procedure law both belong to thecategory of basic laws under the Constitution and have the same legal status and legal effect. The connectionbetween the supervision law and the criminal procedure law has two dimensions: substantive standards andprocedural requirements. The former dimension requires a clear boundary between duty crimes and dutyviolations, and criminal investigation cannot be replaced by administrative sanctions; the latter involves howto accommodate such issues as the trial-centeredness doctrine, proof standards in criminal proceedings, and theimplementation of illegal evidence exclusion, and in particular how to bridge the gap between arrests and otherdetention measures.