The Legal Supervision Of The Procuratorial Organs To The Supervisory Committee Function Rseearch

In order to improve the supervision system of the state and strengthen the supervision power,China has carried out the reform of the supervisory system and set up a supervisory committee i.n the whole country.The first session of the Thirteenth National People's Congress adopted the constitution of the People's Republic of China(Amendment)and the People's Republic of China supervision law.Decides that the supervisory committee shall be responsible for the supervision of all public officials exercising public power.Among them,the procuratorial organ's investigative power of job-related crimes is transferred to the supervisory committee,and the supervisory committee is responsible for placing the case on file for investigation.Then the investigation of the criminal cases in the criminal proceedings is in charge of the public security organs.The investigation of the cases of the duty crime of the state public officials is in charge of the supervisory committee.As a special legal supervision organ of our country,the procuratorial organ has the right to supervise the investigation of the duty crime conducted by the supervisory committee in the criminal proceedings.Since the criminal procedure law of People's Republic of China and the relevant laws have not been amended,the exercise of the authority of the supervisory committee in judicial practice is in an orderly way.Therefore,in order to adapt to the current situation of judicial practice,procuratorial organs should improve the legal supervision over the investigation of job-related crimes committed by the supervisory conmittee.Under the background of supervision system reform,the procuratorial organs' research on the function of legal supervision of the Commission's duty crime cases is analyzed.First of all,the procuratorial organs should analyze the concept,scope and content of the legal supervision function of the supervisory committee from three aspects.Through the analysis,it is concluded that the procuratorial organs supervise the filing and investigation of the cases of duty crime in the criminal proceedings,and examine the cases of the transfer of the examination and prosecution.Then through the angle of theory of balance of power,the perspective of national legislation and the perspective of judicial practice,the value of the procuratorial organ to exercise the function of legal supervision on the duty crime cases of the supervisory committee is obtained.Furthermore,in the current judicial practice,the main obstacles for the procuratorial organs to exercise the legal supervision function of the duty crimes in the supervisory committee are the legislative obstacles,which nakes it impossible for the procuratorial organs to exercise supervision over the duty crime cases of the supervisory committee.Finally,we draw the idea of perfecting the procuratorial organ's exercise of the legal supervision function in investigating the duty crime cases of the supervisory committee.The main suggestions are to amend the relevant legal provisions,including the amendment of the law of the People's Republic of China criminal procedure,the organization law of the people's Procuratorate and the rules of the most high inspection of criminal procedure.lt is specific to add the supervision regulations of the procuratorial organ to the supervisory committee,including the establishment of a special duty crime procuratorial department,the supervision of the permanent prosecutor,the establishment of the network mechanism,and the timely information exchange and communication;in addition,the investigation and supervision mechanism of the procuratorial organs to the supervisory committee should be added,and the permanent prosecutor stationed in the prosecutor should be stationed.After the supervision and investigation,it is clear that the supervisory committee shall,in accordance with the provisions of the criminal procedure law,request the procuratorial organ to decide whether to approve the arrest in accordance with the provisions of the criminal procedure law when the supervisory committee decides to make a case investigation of the case of a duty crime;Secondly,taking into account the particularity of the investigation of the case by the supervisory committee,it is suggested that the supervisory committee should apply for the written permission of the procuratorial organ when taking the measures to investigate the person and property concened;Finally,the examination and prosecution mechanism for the procuratorial organs to be transferred to the supervision committee is refined,and the relevant laws stipulate that the procuratorial organs set up the initial trial procedure to examine whether there is illegal evidence in the first instance,whether the facts are basically clear,the evidence is basic enough,and the number of interrogation increases.Through the above measures,we can improve the legal supervision function of procuratorial organs on the crimes committed by the supervisory committee.