A Study On The Standardization Of The Operation Of The Investigative Power Of The Commission

After two years,the reform of the state supervision system reorganized the anticorruption forces,constructed the state supervision organization,and clearly defined the structure,functions,personnel generation,operation mode and legal responsibility of the supervision organs.It is of great significance to promote the institutionalization and rule of law of anti-corruption work and to promote the ability of national governance.The operation of the power of supervision is inseparable from the activities of investigation.The duty crime investigation organs of the procuratorial organs are transferred to the supervisory organs,and the supervisory organs work in co-offices with the discipline inspection organs of the Party.The supervisory organs also have three functions: party discipline inspection,administrative supervision and duty crime investigation.Realization of the right of all public officials to exercise public authority Supervision will help the supervisory organs to carry out their supervisory duties and severely crack down on the duty violations and crimes committed by public officials.It reflects our country’s determination to fight corruption and provides a new way to control corruption,but how to use it also needs to pass the test of time and practice.At present,various localities have set up provincial,municipal and county-level supervisory organs,and the promulgation of the Supervision Law of the people’s Republic of China has provided the legal basis for the investigative power of the supervisory organs,and the operational mechanism of the investigative powers of the supervisory organs has basically been formed.But the related procedure rules and supporting system need to be further improved.By comparing and summarizing the research methods,this paper analyzes the connotation of the investigative power of the supervisory organ,including the concept and characteristics of the investigative power of the supervisory organ,compares it with the investigative power,and bases on the operational status of the investigative power of the supervisory organ.This paper points out the deficiency of the normative operation of the current investigation power of the supervisory organs,analyzes the immature ability of the main body of investigation to deal with the duty of investigation,the vague norms of some investigation procedures,the unclear scope of the exclusion of illegal evidence,and the exclusion of lawyers from the investigation activities,and so on.And explore the possibility of cooperation between the investigative power of supervisory organs and administrative public interest litigation,in combination with the special agencies of Singapore,the Hong Kong Special Administrative region of China and the Macao Administrative region.The investigation of corruption investigation mechanism,drawing on beneficial experience,puts forward suggestions to improve the normative operation of investigation power of supervisory organs,and refine the procedural rules for the exercise of coercive measures by enhancing the investigative capacity of supervisory organs.We will improve the connection with the exclusion rules of illegal evidence in the Criminal procedure Law,strengthen cooperation with the procuratorial organs in public interest litigation,allow the investigated person to obtain the help of a lawyer according to law,and improve the restriction and supervision mechanism of the supervisory organs,and so on.While effectively fighting corruption,the supervisory organs should follow due process,protect the human rights of the people under investigation,better link up with the criminal procedure rules,cooperate with the administrative public interest litigation,and play a greater role in the legal system of our country.In 2001,we promoted the building of a socialist country ruled by law.