Commission's Investigative Powers Study

In order to build a clean government and intensify anti-corruption efforts,China has strengthened the reform of the supervision system in recent years and set up a new national supervision commission.The establishment of supervisory commission's investigative power is a key point in the reformation of supervisory system.The investigation was also mentioned in the previous administrative supervision system,but it was not clearly defined as a function of the supervisory organ.The investigative power of the supervisory commission is the key project of the reform of the supervisory system.The supervision law of the People's Republic of China(hereinafter referred to as the "supervision law")clearly stipulates that investigation is one of the three duties of the supervisory commission investigation power is the significant weapon to fight against corruption.The investigation right in the supervision law is different from that in the previous administrative supervision law,and different from the investigation right possessed by other authorities,the investigation right of the supervisory organ has its special attributes,tasks and objectives.Investigation right is firstly a concept and secondly a power.Therefore,the first part of this paper focuses on the analysis of the concept of investigation right from the perspective of its semantics and of the law system.And then form the text of Supervision law to find the characteristics of the investigation power and at the same time,to analyse the legal text when putting articles of law under the general background of anti-corruption and using the standards of the development of The Times sum up the characteristics of the power of investigation commission.It is an important method to study the nature of the investigative power of supervisory organs to know the difference and connection between the investigative power of supervisory commission and the supervisory power in the old supervisory system and the similarities and differences between the investigative power and the criminal investigative power.When analyzing the nature of the investigation right,this paper mainly uses the comparative analysis method to compare the investigation right with the existing mature theories and find out the special nature of the investigation right.Finally,according to a series of comparisons,it is concluded that the investigative power of the supervisory commission is a unique anti-corruption power that breaks through the existing paradigm.On the basis of deeply analyzing the concept of investigation right,the second part of this paper further studies the basic principles and basic methods that supervisory commission should follow in exercising investigation right.The use of legal principles of exhausting legal rules is a basic criterion for conduct and law,as well as a basic criterion for the expression of unlimited legal provisions.At present,there is no systematic research and unified conclusion on the basic principle of the right of investigation.When analyzing the basic principles of the exercise of investigative power,this paper draws on the primary standards of the basic principles of judicial power and judicial power,refers to the basic principles of the work of supervisory organs,and combines the nature and objectives of investigative power to summarize several basic principles that supervisory organs should abide by when exercising investigative power.Another problem of the second part is to elaborate the basic way of exercising the right of investigation.It is well known that after the reform of the supervisory system,the supervisory law endows supervisory organs with powerful powers of investigation,but many people still don't know how to exercise such powers.How to analyze the exercise of power is a difficult point.This paper takes the fourteen investigation measures of supervisory organs as the clue to analyze the ways of exercising the investigation power of supervisory organs.Limited by the length of the article,this paper only focuses on the analysis of four of the 14 survey measures,and summarizes the other measures simply.This paper takes the exercising procedure as the main line and the exercising principle as the auxiliary,and analyzes the basic way of the exercise of the investigation right from the perspective of the subject,object,goal and so on.As a power,investigation power must be put into practice to realize its value and find its problems.The third part of this paper mainly analyzes some problems existing in the process of the exercising of the investigative power of supervisory organs.Although such investigations running soon,researches about it never stop.The starting of researches on power runs soon,but researches about it never stops.The starting of researches on power exercising should not wait until problems start to be social phenomenon and the study on investigation power actually begins before the poser was set by the academic circle and it flourished after the enactment of Supervision Law this paper is also limited by the short implementation time of the investigation right and the lack of prominent social problems,which cannot prove the exercise of the investigation right from the perspective of practical cases.This paper avoids the case analysis method and uses the theoretical analysis method and the text analysis method to analyze the problems existing in the supervision organ's exercise of investigation right.Such method though are not the same persuasive as the method of case analysis,these research methods are very necessary since it can,in advance,find implicit problems in the exercise of such investigation and almost invisible defects on exercising of power,so as to prevent these problems as early as possible and to take precaution for guaranteeing the healthy persistent exercise of such investigations power.According to the principle of the exercise of power and the loopholes of legal design,this paper explains the problems in the exercise of the power of investigation from all together three aspects: human rights protection,coordination and supervision.The purpose of finding the problem is to solve the problem,so the fourth part of this paper,according to the problems found in the third part,put forward countermeasures to solve the problems.As far as the contradiction between the efficiency of anti-corruption and the protection of human rights,the attitude of this paper is that the protection of human rights should be given priority to,followed by efficiency;As for the deviation between cooperation and restriction,the attitude of this paper is that we should make clear the right and responsibility to improve the cooperation and restriction system.In view of the boundary control of the investigation right,the attitude of this paper is to use all available forces to supervise the exercise of the investigation right and prevent the investigation right from evolving into a new corruption problem.