The Supervision Mechanism For The Investigation Power Of The Supervisory Commission

Since November 2016,the Committee of Supervisory has been set up in Beijing,Shanxi and Zhejiang to carry out pilot work.By the end of February 2018,the establishment of the national three-level supervision committee has been realized,then the State Committee of Supervisory of the People's Republic of China is established,an efficient and authoritative national surveillance system is formed,and China's determination to crack down on anti-corruption is also reflected.The Committee of Supervisory has three functions: supervision,investigation,and disposition;among them,the investigative power has a wide scope of investigation,rich authority,and organic integration of party discipline investigation,political investigation and criminal investigation,and plays an important role in improving anti-corruption efficiency and maintaining the integrity of public power.Therefore,in order to prevent the Committee of Supervisory from abusing such powerful powers,investigative power must be supervised and restricted.Through the literature analysis method and the combination of the supervision law and other relevant laws,this paper clarifies the definition,content and characteristics of the Committee of Supervisory's investigative power,Which lays the foundation for the study of the Committee of Supervisory's investigative power.At the same time,the necessity and importance of the existence of the Committee of Supervisory's investigative power supervision mechanism are analyzed through the combination of rights-based theory,power balance theory,people's sovereignty theory and procedural justice theory;and in conjunction with relevant cases in the pilot area,the status of the internal supervision mechanism and external supervision mechanism of the Committee of Supervisory's investigative power was analyzed;through the analysis of relevant data,it is found that the internal supervision organization lacks independence,the supervisorysubject is weak,and the supervision of the internal supervision institution is vague,in the internal oversight mechanism of the Committee of Supervisory's investigative power;the problem with the external oversight mechanism is that there is a lack of legal provisions on how the Standing Committee of the National People's Congress,the judiciary,the society,and the news media specifically monitor the investigative power of the supervisory committee;at the same time,how does the supervisory authority disclose job information and visibility is also not specified,which is difficult to put the supervision into practice.Therefore,in this paper,using comparative analysis,targeted learning from Independent Commission Against Corruption,ICAC,Corruption Practices Investigation Bureau,CPIB and Swedish Ombudsman Bureau on the supervision and control of investigative powers,the internal and external supervision mechanisms of the Committee of Supervisory investigation power are improved;Internal supervision includes the improvement of internal supervision institutions and the improvement of the internal supervision system;external supervision is perfected for the supervision of the power organs,the supervision of the judicial organs,the social supervision and the supervision of the news media;the internal supervision mechanism of the investigation committee's investigation power and the external supervision mechanism are combined to balance the multi-party supervision mechanism and promote the sustainable development of the Committee of Supervisory,which is conducive to guaranteeing the scientific and standardized operation of the investigation power.