Study On The Investigation Power Of China's Supervisory Committee

To deepen the reform of the national supervision system is to adopt top-level design and overall planning,and to carry out a comprehensive reform of the state supervision system from point to point.It is a major political decision to deal with the anti-corruption situation in the new era and a feasible measure to adapt to the current anti-corruption work.The "People's Republic of China Supervision Law" passed by the First Session of the 13 th National People's Congress has made the party's will formally obtain legal authorization.At the same time,the National Supervisory Commission was formally established.At present,provincial,prefectural,and county-level supervisory committees are also being established.The reform of China's supervisory system is steadily advancing and entering a new stage of development.Based on the monitoring of relevant legislation in our country and monitoring of measures related to institutional reforms,this article focuses on the monitoring powers of the Supervisory Committee.In view of the problems arising from the monitoring of investigation rights in operation,from the perspective of the legal control of the investigation of investigation rights,and drawing lessons from the useful experience of outside the domain,some viewpoints have been put forward to improve the legal control of China's inspection and investigation rights.Under the supervision system reform,the Procuratorate's anti-corruption,anti-corruption,and prevention departments were transferred to the Supervisory Committee as a whole.The Supervisory Commission integrated the powers of the Commission for Discipline Inspection,the former administrative supervisory authorities,and the procuratorial organs in investigating violations of law,duties,and duties,and the Supervisory Committee.Become a specialized agency that investigates corruption cases with powerful investigative powers.There is a risk of uncontrolled expansion of power without control.To achieve the balance between fighting corruption efficiency and controlling power and safeguarding human rights and win-win results,this article is based on how the monitoring power of the Ombudsman's Committee is lawful,effective,and how to supervise and control,ensuring compliance.Run and analyze other aspects.This article starts from the basic theory of investigating the right to investigate and analyzes the practice dilemma in the exercise of supervisory investigation rights.It specifically points out that at present,the supervisory committee's investigation power has no effective supervision and control when it is exercised,the judicial connection is not smooth,and the procedures for safeguarding the rights of the investigators are too few.Such issues as serious impact on the exercise of supervisory investigation powers.Aiming at the above problems,the Hong Kong region in China,which has a relatively complete monitoring system,a relatively comprehensive supervision system,and a more coordinated protection of human rights and anti-corruption effects,has been analyzed.As an example,it analyzes three channels of legal control over investigation powers of the Independent Commission Against Corruption.The supervisory restrictions on investigative rights provide some useful lessons.Finally,aiming at the problems arising from the practice of monitoring and investigation rights in China,we learn from Hong Kong's experience in legal control and propose relevant ideas for improving the right to monitor and investigate.The focus here is mainly on the protection of basic rights and power restrictions.The basic right of the object to be monitored shall be given,and the role of supervision of rights shall be given;the classification of lawyers shall be adopted to ensure the rights of the right to defense;the state responsibility shall be clarified;the object of the injured subject of inspection shall be guaranteed the right to apply for state compensation and state compensation;and the rights shall be protected to protect the rights;The committee supervises and restricts the relationship between supervision,inspection and law,and implements targeted and effective measures to prevent the unlimited expansion of the power of the supervisory committee and become a "super agency",thus enhancing the anti-corruption effect and safeguarding the monitoring targets.There is a healthy coordination between legal rights.The investigative procedure of the Ombudsman shall combine the specificity of anti-corruption investigations,establish the legal authority for the exercise of investigation powers,procedural norms,and the principle of proportionality,clarify the power relations between the supervisory committee and the procuratorate,the division of labor of the courts,and mutual control,and include the investigation power into the rule of law.Safeguarding the right to investigate is legal and effective in practice.