The Configuration Of Judicial Power Under The Background Of National Supervision System Reform

The national supervisory committee is set up in the reform of the state supervision system,which aims at establishing an authoritative,efficient,centralized and unified supervision system of public power.Since then,the pattern of "one government,one committee and two houses" has formed.The committee possesses "12 powers",such as interrogation and retention,performing the functions of supervision,investigation and execution.The reform involves the dynamic adjustment of the allocation of judicial power,which not only needs to standardize the investigation power of the supervisory committee itself,but also adjust the investigation power of the public security organs,the procuratorial power and the judicial power of the judicial organs.Optimizing the allocation of judicial power can promote the operation of the reform of the national supervisory system.Judicial power not only needs to link up with the right of investigation,but also reflect the coordination between each other and the mechanism of constraints.At present,there are still many problems in the reform of the state supervision system."The Supervision Law of PRC" has been enacted,the reform,involving the regulations of the powers of investigation and judicial power,should not only comply with the provisions of the "The Supervision Law",but accept the restriction of the Criminal procedure Law and its ancillary provisions at the same time.Therefore,the reform should combine with the context of the reform of "taking the trial as the center," optimize the allocation of judicial power during the reform of the state supervisory system,and clarify the positions and the mutual supervision and cooperation relationships of public security organs,the procuratorial organ and the judicial organ in the reform,to promote the effective operation of the reform together and construct the supervision system of public power as "dare not to corrupt" “cannot corrupt” and "not want to corrupt".In addition,"Supervision Law" refers to the "protection of the legitimate rights and interests of the parties",and needs to reflect that concept.In other words,the effective implementation of the reform of the state supervision system depends on the scientific allocation of judicial power.The text of this paper is divided into five parts.The first chapter briefly introduces the reform of the state supervision system and its influence on the allocation of judicial power(raising questions),discussing the application space and boundary of the investigation power,as well as the influence on the powers of the public security,procuratorial organs and the courts.Chapter two introduces the investigation power of the public security organs,which embodies the characteristic of "strong cooperation,light restriction".The executive power of technical investigation is still possessed by the public security organs,so detention and arrest should be used as a pre-lien measure,to reconsider how the public security organs form a restraint mechanism.Chapter three introduces the prosecutorial power from the perspective of legislation,public prosecution,human rights and evidence.The cases transferred by the supervisory committee need to be reviewed and prosecuted.The procedure between the supervisory committee and the procuratorial organs should be improved and the system of lenient admission of guilt and punishment should be introduced.Then the power restriction mechanism within the scope of procuratorial powers will be reviewed.Chapter four introduces the judicial power.The reform of "taking the trial as the center," still needs to be implemented,and the improvement of the pre-trial meeting should be put into practice.Also,we should implement the rules of evidence adjudication,and promote the materialization of the trial.At last the restriction of power within the judicial power will be introduced.Chapter five discusses the optimization of judicial power under the background of the reform of the national supervisory system,from perfecting the legal system,constructing the restriction mechanism,strengthening the protection of human rights,dynamically optimizing the allocation of the judicial power and so on.