Research On The Investigation Power Of Duty Crime Under The Vision Of Supervision System Reform

After the reform of the supervision system,the supervisory committee essentially inherited the investigation power of duty crime held by the procuratorate in the past,the investigation power of duty crime is the most important power of the supervisory commission,is also the key to investigating corruption cases.The investigation power of duty crime involves not only the punishment of corruption,but also the issue of the rights protection of the respondents,Whether it can be exercised correctly is related to the success or failure of the supervision system reform and anti-corruption work.This article takes the supervisory committee's investigation power of duty crime as the research object,focuses on the following aspects:The first part discusses the nature of the supervisory committee's investigation power of duty crime,it is considered that the investigation power of duty crime is essentially the criminal investigation power and must be regulated by the criminal procedure law.Based on the dualistic nature of the supervisory committee's investigative power,the duties violation investigation and duty crime investigation should be properly separated in the procedure.The second part discusses the configuration mode of the investigation power of duty crime,compares the configuration mode of the investigation power of duty crime in different countries and regions,combs the change process of the configuration mode of the investigation power of duty crime in our country,emphasizes that the investigation power of duty crime exercised independently by the supervisory committee is of great significance for integrating anti-corruption resources and effectively combating corruption crimes.The third part analyzes the risks of the supervisory committee in conducting duty crime investigation activities,such as anti-corruption efficiency priority awareness,administrative case handling procedures,lack of power relief channels,lack of supervision and control mechanisms,etc.It is easy to cause abuse of investigative power and damage the rights of the respondents.The fourth part expounds the legalization path of the operation of the investigation power of duty crime,including the principles that the supervisory committee should follow when exercising the investigation power of duty crime,the connection between the investigation procedure and the judicial process,and the supervision and restriction of the investigation power of duty crime.In short,it is necessary to establish an effective power balance mechanism to regulate the exercise of the investigation power of duty crime,and to ensure that the investigation power of duty crime runs on the track of the rule of law.