Author(s)

Kaiyin Zhu ¹, Hexiao Yin ¹

Affiliation(s)

¹ School of Law and Criminal Justice, East China University of Political Science and Law, Shanghai, China

Corresponding Author

Hexiao Yin

ABSTRACT

As a crucial tool for resolving specialized issues during the investigation of crimes committed in violation of public duties by supervision agencies, supervision identification exhibits a certain degree of independence in its institutional design.  However, deficiencies remain in its connection with criminal proceedings, the protection of rights during the initiation of identification, the professionalization of management processes as well as the independence and professionalism of the identification institutions. This paper compares the differences between judicial identification and supervision identification, revealing the gaps between the two in procedural norms and rights protection. It points out that the current supervision identification system's lack of mandatory initiation, restriction of the rights of investigated individuals and irregularities in the identification procedures all pose potential threats to fairness. Thus, the paper proposes enhancing procedural justice and rights protection within the supervision identification system through institutional reforms. These include improving the connection mechanism with criminal proceedings, strengthening the independence and professionalism of identification management and granting more procedural rights to the investigated individuals. The suggestions for these reform paths aim to provide theoretical support for optimizing the supervision identification system, thereby better serving the legal process of anti-corruption efforts.

KEYWORDS

Supervision Identification; Connection with Criminal Proceedings; Crimes Committed in Violation of Public Duties

CITE THIS PAPER

Kaiyin Zhu, Hexiao Yin. The Positioning, Issues and Reform Path of the Supervision Identification System in China: Reflections Based on Procedural Norms and Rights Protection. Science of Law Journal (2024) Vol. 3: 64-76. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030709.

REFERENCES

[1] Wang, J. C. (2009). Research on the Basic Theory of Judicial Identification. The Jurist, No. 4, 1-27+157. 
[2] Bai, R. J. (2024). Normative Analysis and Procedural Improvement of Supervision Identification Legislation — With Reference to the Judicial Identification System. Chinese Journal of Forensic Sciences, No.1, 18-27.
[3] Qin, Q. H. (2018). The Constitutional Position of Supervision Agencies in China — Focusing on the Relationship Between State Organs. Peking University Law Journal, No.3, 555-569.
[4] Fan, C. Y., & Li, S. Y. (2015). Research on the System of Experts Appearing in Court under the Litigation System Centered on Trials. Chinese Journal of Forensic Sciences, No.5, 1-7.
[5] Zhu, J. F., & Wu, H.J. (2022). Research on the Legalization of Judicial Identification. Chinese Journal of Forensic Sciences, No.6, 9-18.
[6] Zhang, S. Y. (2017). Reform and Improvement of the Judicial Identification Initiation Mechanism—From the Perspective of Criminal Procedure. Chinese Journal of Forensic Sciences, No.5, 14-17.
[7] Zhang, A. Y., & Qi, R. (2019). Re-discussion of the Initiation of Psychological Identification. China Procuratorate, No.14, 17-21. 
[8] Liu, J. H. (2020). The Nature and Legalization of the Investigation of Crimes Committed in Violation of Public Duties by Supervision Commissions. Journal of Comparative Law, No.3, 160-174.
[9] Zhang, B. S. (2016). Trial-Centric and Equality Between Prosecution and Defense. Law and Social Development, No.3, 47-55. 
[10] Wang, L. Z., & Du, Z.C. (2019). Research on the Reform of Judicial Identification Management in the Process of National Supervisory System Reform. Chinese Journal of Forensic Sciences, NO.1, 1-7.

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