Probe Into The Judicial Supervision And Restriction Of Supervisory Power

The Supervision Law of the People's Republic of China promulgated on March 20,2018 is an important node in the process of building an authoritative,efficient and centralized national anti-corruption system.At present,when the struggle against corruption is severe and complicated,the judicial supervision and restriction of the supervisory power can not be ignored.Judicial supervision and restriction of supervisory power is not only the objective need to promote the unification of strict and comprehensive administration of the Party and the rule of law,but also the fundamental basis for the supervised objects to seek the right relief path,and the inevitable requirement to promote the institutionalization and legalization of the national supervisory system.This article focuses on exploring and solving various practical problems of judicial supervision and restriction on supervisory power,including strengthening the procedure of examining and prosecuting cases transferred by supervisory organs,adhering to the independent exercise of judicial power by judicial organs,strengthening judicial review and refining state compensation responsibility,so as to give full play to the supervisory role of judicial power.On the innovative point,this paper puts forward the idea of perfecting the procedure of intervening in advance and returning supplementary investigation of transferred cases by the Supervisory Commission,and puts forward some suggestions for joining the system of supervision compensation.The first part gives a comprehensive overview of the supervisory power,defines it clearly,analyses its nature,and expounds the independence of the supervisory subject,the full coverage of the supervisory object and the specialty of the supervisory power.The second part mainly elaborates the necessity of judicial supervision and restriction of supervisory power,which is not only one of the effective means for supervisory power to be supervised and restricted,but also the objective need to promote the unification of the strict and comprehensive administration of the Party and the rule of the country according to law.It is also the fundamental basis for the supervised object to seek the right relief path,as well as the national supervisory body.It is the inevitable requirement of institutionalization and legalization.The third part is about the direct channel for the protection of the rights of the monitored object is review and appeal.The system of review and appeal is a convenient channel for the supervised object to bring directly to the supervisory organ,which provides a relief way for the supervised object.However,due to the consideration of vertical leadership of supervisory organs,review and appeal can not bypass the scope of supervisory procedures.Therefore,it is necessary to explore a new way to refuse to accept the decision of review and appeal processing.The third part mainly analyses the practical problems in the process of judicial supervision and restriction of supervisory power,mainly including the obstacles that procuratorial organs may encounter in the process of examining and prosecuting,the difficulties that judicial organs may encounter in intervening in advance and returning supplementary investigations,the difficulties of maintaining judicial independence in dealing with duty crime cases,and the responsibility of supervisory compensation and lack of regulation.The fourth part puts forward the solution based on the problems in the third part.The procuratorial organs should give full play to the functions of the legal supervision organs,conduct comprehensive examination of evidence,procedure and substance in the cases of dutyrelated crimes,and initiate the unique examination means of the procuratorial organs when necessary.The judicial organs should adhere to the concept of "trial-centered",strengthen the examination of evidence and implement the trial idea that suspected crimes should be avoided;and through refinement.The responsibility of supervision compensation is written into legislation as a new way of compensation for state compensation.The principle of liability fixation,scope of compensation and procedure of compensation for supervision compensation are clarified,and supervision compensation is regarded as a supplementary channel of judicial supervision and restriction.