Study On The Investigation Power Of Procuratorial Organs Under The Background Of Supervision System Reform

The power of investigation of procuratorial organs means that in criminal cases,the people's procuratorate can collect evidence in accordance with the law,find out the facts of the case and implement the relevant compulsory measures,which can be divided into direct investigation power,mobile investigation power and supplementary investigation power.In order to form a perfect anti-corruption work system in China,the state decided to reform the supervision system in Beijing,Shanxi and Zhejiang provinces in 2016,and then passed the Supervision Law of the people's Republic of China(hereinafter referred to as the Supervision Law)in March 2018.In order to promote the effective implementation of the Law on Supervision,China amended the Code of Criminal procedure in 2018 and formally implemented it in October.The implementation of the two laws has led to changes in the content of the procuratorial organs' powers of investigation.For the direct investigation power,the procuratorial organs transfer the investigation power of corruption and malfeasance to the supervisory committee,and only retain the judicial staff duty crime investigation power;For the power of mobile investigation,the scope of application of the power of mobile investigation of procuratorial organs is further limited to the major criminal cases of state functionaries in charge of investigation by public security organs;As for the supplementary investigation power of procuratorial organ,it not only retains the original supplementary investigation power of public security organ responsible for investigating cases,but also increases the supplementary investigation power of supervisory committee in charge of investigating cases.The change of investigative power of procuratorial organs is to adapt to the reform of supervisory system,to provide protection for the formation of an effective anti-corruption mechanism in our country,and also to provide a favorable opportunity for procuratorial organs to return to the position of legal supervision.However,due to the deficiency of legislation and the lack of practical experience,there are also some problems in the investigation power of procuratorial organs: The procuratorial organ will have jurisdiction conflict with the supervisory committee when the power of direct investigation is exercised;The relevant contents and regulations of procuratorial organs' power of mobile investigation are not perfect either;The supplementary investigation power of procuratorial organs has a low application rate in practice;The investigation power of procuratorial organ can not connect with the function of legal supervision better.Therefore,under the background of the reform of the supervision system in our country,the author analyzes the system of the investigation power of the procuratorial organs outside the territory and the problems mentioned above,and comes up with the countermeasures to ensure the standard exercise of the investigation power of the procuratorial organs in our country.The consultation mechanism before the confirmation of a case promotes prompt and effective communication between the procuratorial organ and the supervisory committee,and recognizes the priority of the exercise of the direct investigation power of the procuratorial organ on the basis of the failure of the consultation.In view of the perfect goal of procuratorial organs' power of mobile investigation,it can be achieved by refining the starting procedure of power of mobile investigation and the applicable laws and regulations of individual cases.Perfect the laws and regulations to supplement the investigation power in order to improve its application value in practice.By refining the internal supervision procedure of the procuratorial organ's investigation power,we should do a good job of linking the procuratorial organ's investigation power with the procuratorial organ's legal supervision function.