Study On The Preliminary Verification Procedure Of Supervision

The preliminary verification procedure of supervision(hereinafter referred to as the preliminary verification procedure)is a special supervisory procedure for the handling of problem clues by the supervisory organs in China,it specifically refers to the steps,methods for the State Supervisory Organs to take necessary measures to understand and verify the clues to the acceptance and discovery of the suspected duty violations and duty crimes in accordance with the relevant supervision laws and regulations.and substantially all cases put on record for investigation have gone through the preliminary verification procedure,so the preliminary verification is extensively used in the handling process of supervisory cases.Nevertheless,due to the inadequacy of relevant laws,it only outlines a loose framework for the supervision of preliminary verification procedure,and the lack of detailed content leads to many unclear problems,thereby bringing a lot of confusion to theoretical research and preliminary verification practice.In consideration of this,this paper mainly discusses the preliminary verification activities in the process of handling the problem clues of supervisory organs,hoping that the superficial research can promote the preliminary verification procedure to play a greater role in the future supervisory practice.The author systematically manages the concept,characteristics,functions,main contents and basic principles of the supervisory preliminary verification procedure.It believes that the supervisory preliminary verification procedure has functions such as diversion filtering,expansion of clues,filing preparation,administrative disposition and human rights protection;the supervisory preliminary verification procedureis characterized by closure,politicality,specificity of the applicable object,and diversity of the preliminary verification method;the preliminary verification procedures is an investigative monitoring measure,the main purpose is to find out whether the problem reflected by the clue exists or not,it is not for the purpose of the inspected person to arrive at the case and control the property involved,do only the "investigation" does not "control";the supervisory preliminary verification procedure shall be restricted and guided by the rule-of-law principles,such as the main principles: principle of proportion,principle of procedural timeliness,principle of arbitrary investigation,as well as the principle of procedure legality.It has been more than a year since the promulgation and implementation of the Supervision Law.The author believes that there are some problems in the preliminary verification procedure,such as insufficient basis for preliminary verification measures,improper configuration,a weak supervision within and outside the supervisory preliminary verification procedure,absence of procedural control rules and etc.In view of these problems,the author suggests that we should further refine and improve the preliminary verification procedures from the reasonable allocation of supervisory preliminary verification measures,the construction of procedural control rules,and the improvement of supervisory organs' self-supervision mechanism,so as to make them meet the requirements of procedural justice.In the dualistic argument of due process and corruption control,only by continuously deepening the theoretical research of supervisory preliminary verification procedure,reasonably allocating the supervisory preliminary verification measures,refining the procedural rules,and strengthening the construction of supervision and restriction mechanism,can the development and maturity of the supervisory preliminary verification procedure be promoted,and the level of supervision and rule of law be continuously improved.