Study On The Investigation Power Of The Supervision Committee

As the national supervisory organ under the leadership of the Communist Party of China,supervisory committee absorbing the power of Procuratorial Organs to investigate duty crimes and the power of administrative supervision was set up across the country by people's congresses at provincial and centralized integration of anti-corruption resources,by working together with the commission for discipline inspection.As a newborn organization,there are unavoidable deficiencies in the institutional arrangements and top-level designs,including the investigation power of the supervision committee.As the realization methodof the supervision power,the level ofthe supervision committee was directly determined by the investigative power of the supervisory committee.So,by sorting out the basic theories of supervisory investigation power and deepening the understands of the basic theory of supervisory investigation power,we can have a clearer understanding of the supervisory committee.Supervision Law of the People's Republic of China's promulgate was indicated that there shall be laws to abide by the investigative powers of the supervisory commission,and the law stipulates measures and procedures for the power of investigate.However,the investigation power of the supervision committeeinevitably has many defects.On the one hand,there is some phenomenon that the right is lack when person is investigated during the investigation,which inconsistent with the constitutional purpose of "respecting and protecting human rights".On the other hand,the supporting mechanism of the investigation power of the supervision committee exercise process and criminal judicial organ procedures is not perfect,leading to the case advance process anti-smoothly and affecting the judicial efficiency and level.furthermore,because the high concentration of investigation power may cause the abuse of power,the supervision system is defective about the investigation power of the supervisory committee,causing the lack of efficient supervision and restriction of power.The reform of the supervision system is being implemented steadily within the framework of the Constitution and laws,and it has guiding significance for China's reform process to analyze the status and practical dilemma of the power of supervision and investigation,andclarify the cause of the dilemma,to analyze the problems behind it.For one thing,it can clear the cause of the lack of rights of the investigated person by analysis of China's traditional criminal concepts and the characteristics of duty crimes.For another thing,by analysing the "cooperation and restriction" between the supervisory committee and the judiciary and clarifying its connection procedures,it helps us to understand the connection between the supervisory investigation procedure and the judicial procedure.In addition,analysing the internal and external of the supervision mechanisms of supervisory organs,it help us to understand the supervision situation of supervision power.The exercise of the investigative power of the supervisory committee shall follow the path of the rule of law,and use the principle of legitimacy,right guarantee and supervision and restriction to make sure the standardized operation about the investigative power of the supervisory committee.The sustainable development of the investigation power of the China Supervision Committee will be realized by improving the supervision and restriction mechanism of the investigation power,improving the legal rights and interests protection mechanism of the respondent,improving the judicial connection mechanism,and forming a professional inspector team.It is a great significance to the modernization of China's governance system and capacity that the investigative power of the supervisory committee can be operated legitimately and normatively.