Comparative Study On The External Investigation System

The investigation is the activity of any organ to collect and process relevant information before making a decision.Whether the information obtained by the investigation is complete and the means to obtain information is valid and correct is the basis for judging the treatment.The right of investigation derives from the power of the British parliament as the administrative body expands.Neither the "inherent power theory" nor "subsidiary power can say" will affect the development and exercise of the investigation right.The existence of investigation power has profound theoretical basis,including checks and balances,procedural justice and human rights protection.Investigation,as a kind of proper work,plays an important role in collecting information and restoring facts,preventing abuse of power and punishing crimes.The investigation right and the investigation right have the intersection common place,but in essence,both in the behavior subject,the legal purpose,the behavior object has the significant difference.In today's world,there are two main types of investigation modes to supervise the power of the state,namely the parliamentary investigation mode and the specialized agency investigation mode respectively.Both have strict requirements on the subject of investigation;On the independence requirements,parliamentary inquiry to pursue higher independence in order to enhance the credibility of the decision,and the specialized agencies model emphasizes on the premise of keep independence,enhance the cooperation with other departments;Both the strict investigation authority and procedures,in particular relates to investigate whether can take mandatory measures,both exist different value orientation and the system design,assembly model investigation of mandatory is a kind of inner spontaneous,and mode of specialized agencies to investigate stresses can rely on state power restrictions of liberty and property.Parliamentary inquiry mode with the specialized agencies to investigate also flawed,parliamentary inquiry mode leads to the power of the ombudsman is huge but have not imposed a responsibility restraint its behavior,and specialized agencies to investigate patterns in the way to restrict the personal freedom to ignore the surveyed people should enjoy rights.Supervision committee for early in our country,the enforcement power of commission for discipline inspection discipline and administrative law enforcement and procuratorate indictment of duty crime transferred to the supervision committee,the simple transfer of power integration lead to our country supervision committee,setting of investigation system still exist many drawbacks.We should improve the investigation authority of the supervision committee,refer to the beneficial experience of the extraterritorial investigation system,and improve the investigation system of China's supervision committee.On the qualification setting of the subject of investigation,set a certain threshold,let the experienced and seeking the justice of justice enter the work of the supervision committee;To limit the scope of investigations and to enforce the mandatory measures in the supervision of the investigation.In accordance with the configuration of the investigation procedures,the separation of investigation and investigation cooperation,and the use of other forces to achieve national political integrity and efficient convenience in the case of maintaining independent work;Finally,in the process of investigation,the supervision committee should not ignore the relevant rights of the respondents,and ensure that their human rights are the basic requirements of the rule of constitution.