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Research On The Investigation Right Of Duty Crime In The Supervisory Committee

Posted on:2019-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:M H XuFull Text:PDF
GTID:2416330590463256Subject:Law
Abstract/Summary:PDF Full Text Request
The promulgation of the Supervision Law of the People's Republic of China marks a new stage in the reform of the state supervision system and the formation of a supervision system with Chinese characteristics.From the pilot reform of national supervision system in Beijing,Shanxi Province and Zhejiang Province in 2016,to the promulgation of the Supervision Law,and then to the implementation of supervision system reform throughout the country,we can say that China's supervision system has been further improved in the system and practice.The enactment of the Supervisory Law provides a legal basis for the anti-corruption work of the state through standardized legal texts,consolidates and deepens the reform of the state supervision system,and leads and guarantees the smooth progress of anti-corruption work.The Supervisory Law clearly stipulates that the Supervisory Committee is the special organ to exercise the functions of state supervision,responsible for investigating job-related crimes and crimes,and carrying out the work of building a clean government and anti-corruption.The investigative power of duty crime has always been the core function of procuratorial organs.People's procuratorates at all levels exercise the investigative power of duty crime to corrupt administrative personnel.The reform of supervision system has made a systematic change in the regulation of duty crime,which is a good innovation,but there are also many coordination titles.Answer the question.Independent supervision power and centralized exercise by special organs is an optimized allocation of the power of investigation of duty-related crimes.However,as a kind of criminal power,how to smoothly introduce the power of investigation of duty-related crimes into the supervision system,whether the power of investigation exercised by the supervision committee is the original power of criminal investigation of the procuratorial organs is needed.Further discussion.The Supervisory Law also increases the power of the Supervisory Committee to take lien measures,and clarifies the legality and scope of application of lien measures in the original compulsory measures.Nowadays,with the increasingly complicated,organized and concealed situation of duty crime,the supervisory committee will face many problems when exercising the power of investigation of duty crime.How to optimize the exercise of the power of investigation of duty crime by the supervisory committee is a problem that should be paid close attention to in the reform of supervision system in our country.Starting from the background of setting up the supervisory committee,this paper analyzes the nature and position of the supervisory committee,and clarifies its powers and functions.This paper expounds the innovation of the supervisory committee system,compares it with the existing supervisory organs,and analyzes the possible problems in the process of duty crimes,especially the connection with the existing supervisory system.In addition,in view of the detention measures clearly stipulated in the Supervision Law,this article will also elaborate the main body of the implementation of the detention measures,the scope of application and the existing drawbacks.Based on the institutionalization and standardization of anti-corruption work,this paper expounds some problems existing in the exercise of the power of investigation of duty-related crimes by analyzing the text of the power of investigation of duty-related crimes,makes a thorough analysis of the power of investigation of duty-related crimes,and strives to put forward some operable opinions to promote the system of anti-corruption work in the country.Construction and improvement.
Keywords/Search Tags:Duty Crime, Investigation, Power lien measure
PDF Full Text Request
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