Study On The Procedure Mechanism Of State Supervisory Power Operation

The reformation of national supervision institution synthesizes functions of administration supervision,anti-corruption,anti-malfeasance and prevention of functionary crime,and found a new National Supervision Commission of the People’s Republic of China(NSC).NSC,as an anti-corruption institution under the authority of Chinese Communist Party(CCP),has national supervisory right,and plays a role in supervision,investigation and disposition,contributing to prevent functionary crime.Previously,most of researchers in constitution focus on macro-configuration of reformation of national supervision institution.Few of them cast the eyes in how the national supervision institution function.What deserve notice is that supervision right,generated by legislative,is a synthesized right,which is at the same high level with administrative rights and legislative rights.Whether supervision right can steadily function is closely related to the success of reformation of national supervision institution.Therefore,it is necessary to deepen researches in issues of how supervision right functions.Specifically,the function of national supervision right are supposed to follow legislative restriction,including right differentiation,structural allocation of procedure,setting of opposition,participation,and principle of publicity.The publication of National Supervision Law stimulates drastic discussion among society and academia,especially on issues about supervision procedures,such as the docking of supervisory authority and prosecuters,evidence conversion,lawyers involving in the investigation,retention measures,and investigation measures.Based on the empirical experience of three pilot areas,national supervisory right are supposed to consist of internal supervisory procedure and external link-up procedures,and achieve independent function and full coverage of supervision and monitoring measures are legally mandatory.The essay synthesizes National Supervisory Law according to stage of case.The supervisory right is composed of clue dealing stage,register stage,investigator stage and executive stage.Based on these analyses,some problems in supervisory procedures are urgent to deal with such as vague clue,abuse of retention measures,investigation method,and the link-up institution of criminal suit.Finally,based on the empirical success of Independent Commission Against Corruption(ICAC)in Hong Kong and theoretical knowledge of legislation,nomology and criminal procedure law,the article suggests a perfection of the mechanism of national supervisory right,including combining supervision and education,scientific architecture;regulation of investigation procedure,strengthening supervising the supervisory right,to achieve steady supervisory right function and anti-corruption.