Research On The Supervision Mechanism Of The Supervisory Committee's Investigation Power Of Duty Crime

the Supervisory Committee's investigation power of the duty crime has the characteristics of criminal investigation power.Criminal investigation power as a strong national public power,it has aggressiveness,offensiveness and superiority.If it can not be supervised effectively,it will be abused.The Supervisory Committee's investigation power of duty crime is supervised by People's Congresses and its standing committee at the same level,but such supervisions has the nature of hindsight.The establishment of special supervisory organs and the establishment of case supervision systems within them are conducive to giving full play to the supervisory role of the People's Congress.Law of the People's Republic of China enacted recently,is the main legal basis to restrict the Supervisory Committee's investigation power of the duty crime.But it's not definitely regulated how to distinguishing between the investigation procedure of the duty crime and the general duty violations,and whether the duty suspects have the right of defense in the investigation stage.the investigation procedure of the duty crime and the general duty violations are not easy to distinguish,it may appear that theinvestigation of duty crimes is carried out in accordance with the procedure of general duty violations.The supervisory committee should establish the separation mechanism of the investigation procedures of the duty crime and the general duty violations,and supervise the conversion between them.the right of the suspect to obtain the lawyer's defense is the main right to supervise and restrict the investigation power of duty crime to protect the basic rights of the criminal suspect.It is an important force in supervising and restricting the investigation power of duty crime.In the criminal prosecution of the duty crime,the special political status of the Supervisory Committee weakens,to a certain extent,the judicial power and the procuratorial power.The restriction among the investigation power of the duty crime,the procuratorial power and the judicial power is not balanced.,forming the supervision centralism of the duty crime prosecution.According to the principle of power balance power,prosecutorial power supervise and restrict the duty criminal cases on file and the application of investigation measures.The judicial power supervises and restrict the investigation of the facts and evidence of conviction and sentencing.detention is an important investigation measure taken by the Supervisory Committee in the investigation stage to deprive the personal freedom of the duty suspect.Its severity is higher than the arrest measures.A third-party detention place should be set up to hold the detained person,supervise the exercise of the investigationpower of the duty crime in the detention facility.Strengthen the review of the detention by the superior Supervision Committee,so as to supervise and restrict the implementation of it,to ensure that the power of duty crime investigation runs on the track of rule of law,and to realize the dual value of substantive justice and procedural justice in the lawsuit of the duty crime.