| The supervisory commission is a major initiative in the reform of our political system.Although it is designated as an anti-corruption agency,it is not very clear about the specific provisions of the investigations and functions it has carried out.How to define the investigative power of the supervisory committee,how to exercise the power of investigation and how to supervise and improve the right to investigate are the topics which have attracted much attention in the field of theory and practice.Although the theory and practice to discuss very warmly,relevant results,but mostly from the macroscopic perspective is the basic power of supervisory committee such investigations,investigate violations of civil servants a procedural authority,for the content of such investigations not in-depth discussion and research.Therefore,it is far-reaching and significant to study and envisage the investigation power of the Commission.Only by thoroughly studying the connotation and nature of the investigative power,defining the contents and procedures of the investigative power strictly by law,can we give full play to the anti-corruption function of the commission.In this paper,in reference to the current Beijing,shanxi,zhejiang provinces(municipalities)pilot,on the basis of experience,according to the analysis of existing problems of the current enforcement power in the process of the pilot,to perfect the system of enforcement power supervisory committee in our country.First of all,start from the meaning of enforcement power supervisory committee,this paper discusses the concrete connotation of enforcement power supervisory committee in our country.This paper expounds the current supervisory committee legal qualitative investigation,from the relation and distinction between the two aspects of combed the enforcement power and the relationship between the criminal indictment,to clear the particularity of the enforcement power supervisory committee,is conducive to better understand and grasp the connotation of such investigations.Secondly,it narrates the content of the investigation power of the supervisory commission,and introduces the six kinds of specific objects,the twelve methods of investigation and the three steps of the investigation procedure.Through to the deep understanding of the investigation contents,summarizes the three characteristics of such investigations,namely,a complete coverage of the scope of the investigation,no dead Angle,anti-corruption strength from "foreign supervision" to "supervision"integrated,highly centralized and unified anti-corruption strength.Moreover,according to the current practices in pilot areas enforcement power supervisory committee,attempts to discuss problems four aspects of enforcement power pilot areas,coordination of constitution and inspect inadequate enforcement power will lead to hard to stand on the law,not allowing lawyers may make people surveyed the legitimate rights and interests of suffer the infringement,not smoothly linking to the criminal procedure do not hand over investigation,supervision,set not clear cause abuse of power.Finally,in order to give play to the guiding role of the principle,the four cardinal principles of constitutionality,legality,independence and modesty are drawn out from the principle of the exercise of the supervision committee’s investigation right.In view of the problems existing in the investigative power in the pilot project,suggestions are put forward in four aspects.Improving the legal system of supervision is an inevitable choice for building a state under the rule of law.The introduction of a lawyer can adequately protect the legitimate rights and interests of the investigators and solve the connection with the criminal procedure The problem can smoothly transfer the investigation cases and strengthening the external supervision and internal supervision of the investigative powers of the supervisory organ is conducive to ensuring the investigation right is exercised within the rule of law. |
