The Issue Of Lawyer Involve Into The Supervision System

With the continuous deepening of the reform of China's supervisory system and the improvement of supervision legislation,the supervisory committee has been fully established nationwide.In the short period from the pilot in 2016 to the national implementation in 2017,the initial stage of the pilot reform of the monitoring system has achieved remarkable anti-corruption results.The pilot practice of the reform of the Commission and its strong measures in anti-corruption fully prove that the supervisory committee has the advantages of high efficiency and authoritative anti-corruption,which is in line with the needs of the current legalization and political civilization construction in China.This article takes this as a foothold and examines and analyzes the legislation and power attributes of the newly established supervisory committee in China.Taking the power allocation and power attributes of the Commission as an entry point to explore the need for lawyers to intervene in the monitoring process.It also puts forward relevant suggestions and improvement measures for lawyers under the supervision system in China to protect the legitimate rights and interests of the respondents through the intervention monitoring procedures.Through the comparison of lawyers' intervention in the anti-corruption procedures outside the territory,combined with the practice and actual situation of China's supervision system reform,The lawyers intervened to promote the reform of the supervision system in China and the improvement of the system.Conduct full theoretical argumentation and practical exploration,This will promote the construction of anti-corruption monitoring mechanism in China that is procedurally fair,monitors the rule of law,and can stand the test of time and history.This paper will be described from the following four parts:Part one: Discuss the organizational form and the power of the supervisory committee of China.At the same time,it discusses the reason of lawyers' involvement in monitoring activities and reflects on the lack of lawyers' involvement in monitoring activities.The Commission has achieved initial results from the initial pilot to the current general implementation throughout the country.In light of the current situation of lawyers involved in the supervision activities in China,the author reflected on the dilemma of lawyers involved in monitoring activities.The theoretical basis and legal basis for lawyers to intervene in monitoring activities.The main discussion is to discuss the basic issues of this topic and to clarify the rights and rights of lawyers involved.Therefore,the first is to briefly analyze the concept of lawyer involvement,and secondly,from the perspective of the emergence of lawyers,the development process and the views of different scholars,using comparative methods to explain them;followed by the relevant related The legal principles and systems briefly discuss the lawyer's intervention procedure,and the lawyers are involved in the essential and theoretical basis of the procedures of the supervisory organs in China.The second part: A comparative analysis of the investigation procedures of lawyers involved in the supervisory organs.Mainly from the involvement of lawyers in the Anglo-American legal system and the civil law system.Analysis and value analysis of the status and rights of lawyers in the anti-corruptionsupervision system of the Independent Commission Against Corruption in Hong Kong and the Ombudsman's Office of Denmark.Use comparative methods to discover the value and differences of lawyer involvement in monitoring procedures in different countries.The way of comparison is a comparison between theory and practice.The comparison is mainly based on the involvement of lawyers under the supervision system and the involvement of lawyers involved in the intervention of the Hong Kong Independent Commission Against Corruption and the Danish Ombudsman.Compare the measures taken by the supervisory authorities in the supervision organs to the state public officials and the measures taken by the Hong Kong region and Denmark and the ways and values of handling them.The third part: The establishment and improvement of the lawyer's intervention system under the supervision system.Under the background of China's supervision system reform,combined with the status quo of China's lawyers involved in monitoring activities.First,establish a lawyer's intervention mechanism to make the lawyer's right to intervene in the investigation stage of the supervisory authority concrete,to clarify the litigation status of the lawyer in the investigation stage of the supervisory organ,to construct a procedure for the lawyer to intervene,and to allow the lawyer to intervene in the investigation to protect the legal rights of the respondent.Secondly,through legislation,lawyers are given the right to practice in the investigation stage of the supervisory organ.Finally,it is necessary to protect the lawyer's legal practice right,which is embodied in the protection of the defendant's pledge rights,the defense rights ofdefense lawyers and other related rights,and the improvement of the legal aid system.