The Research Of The Investigative Power Of The Supervisory Committee

Supervision investigation is the core function of the supervision function,which has a decisive influence on supervision,supervision and disposal,and its basic attributes are hot issues that are generally concerned by academia.For example,the question of the attribute of investigation right,the function of investigation right,the standard operation of investigation right,the protection of the rights of the respondent,the exclusion of illegal evidence,the connection between investigation right and judicial power,etc.It is still in the exploration stage.This article intends to respond positively to the hot issues generally concerned by the academic community from the multiple dimensions of ontology,origin,characteristics,structure,configuration,function,operation and other aspects of the investigation power.There are 8 chapters in this study :The first chapter contains the background of this study,introduces the research,the research ways and some innovations,and describing the basic content and overall structure of this research.The second chapter is the formation and establishment of the power of supervision and investigation.It mainly inspects the supervisory investigation power from two aspects,vertical and horizontal,including the historical inspection of the supervisory investigation power,extraterritorial reference and the evolution of the supervisory investigation power in contemporary China.The third chapter is an overview of investigation and investigation rights.It describes the nature,status and characteristics of the right to monitor the investigation.The fourth chapter is the structure of supervision and investigation right.From the perspective of the investigation process of corruption cases and the nature of investigation measures,the powers of supervision and investigation include eight types of powers.The first is the clue acceptance power,the second is the preliminary nuclear investigation power,the third is the investigation power,the fourth is the power of regular investigation,the fifth is special power of investigation,the sixth is the power of collaborative investigation,the seventh is the power to terminate investigations,the eight is the power of recommendation.The fifth chapter is about the configuration of supervision and investigation power.The configuration of supervision and investigation power is guided by the people's sovereignty theory,due process theory,fair efficiency theory and system change theory,and follows the principles of reasonable allocation,centralization and decentralization,power restriction and equal rights and responsibilities.The sixth chapter is the function of the power of supervision and investigation.Demonstrate the disclosure of the power of supervision and investigation and the case investigation function of corroborating illegal and criminal crimes through specific cases,the function of warning education combining punishment and education,the human rights protection function that guarantees the basic human rights of detainees,and the power supervision function that supervises the legal operation of public power.Vulnerability-preventing and remedial function of monitoring suggestions.The seventh chapter is is the operation of the supervision and investigation right.Combining the investigation and handling of corruption cases,the operational characteristics of independence,efficiency and standardization of the power of supervision and investigation are expounded.The eighth chapter is about perfecting the power of supervision and investigation.One is the collection and management of clues at the preliminary nuclear stage,the second is the jurisdiction of various crimes at the stage of filing,and the third is the coordination with the adoption of technical investigation methods and the early involvement of procuratorial organs.It will be solved by perfecting the information management system of preliminary nuclear clues,resolving various jurisdiction conflicts,and optimizing the connection mechanism with relevant agencies.This study conducts empirical analysis and countermeasure research on the situation and new problems,with a view to constructing the academic and legal system,logic,discourse system and scientific operation system of the power of supervision and investigation,and do my best to improve the national supervision and investigation system with Chinese characteristics.