| The establishment of the investigative power of duty crimes in supervisory organs is the result of the reform of the national supervisory system and an important link in the construction of an efficient,intensive and legalized anti-corruption system under the unified leadership of the Party.The promulgation of the Supervision Law of the People's Republic of China(hereinafter referred to as the “Supervisory Law”)is to fix the achievements of the reform in the form of law.However,the relevant provision of the Supervisory Law are rather crude,the concept of the right to investigate crimes committed by taking advantage of duty has not been mentioned,and its nature has not been clarified.There are still different disputes about its nature in the academic circles,which results in the following problems in the operation of the right to investigate crimes committed by taking advantage of duty of the Supervisory Commission.The unclear qualification of the investigating subject results in the confusion of the investigating procedure,the lack of legality and validity of obtaining evidence,the lack of human rights protection,the lack of effective supervision of lien,the lack of effective cohesion of compulsory measures and imperfection of the system of supplementary investigative right.After further in-depth analysis of the above issues,corresponding suggestions for improvement are put forward one by one,including:there are two ways to solve the confusion of investigation procedure caused by unclear qualification of investigation subject,to improve the examination system of obtaining evidence,to improve the system of safeguarding to strengthen effective supervision in the detention stage,to improve the effective cohesion system of compulsory measures,and to perfect the system of supplementary investigation right.In the new era of anti-corruption struggle,it will release tremendous energy,effectively punish corruption and effectively safeguard human rights,and realize the rule of law. |
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