Legal Regulations On The Power To Investigate Duty Crimes By Supervisory Organs In China

In 2016,the Twelfth National People's Congress Standing Committee voted to pass the “Decision of the National People's Congress Standing Committee on the Pilot Work of the National Supervision System Reform in Beijing,Shanxi Province,and Zhejiang Province”,which was held in Beijing,Shanxi Province,and Zhejiang Province.Several localities carried out pilot work on the reform of the national supervision system,accumulating "reproducible and scalable experience" in order to lay the foundation for advancing the reform of the national supervision system throughout the country.The report of the Nineteenth National Congress of the Communist Party of China emphasized that the establishment of a supervision law entrusted the supervisory organs with responsibilities and investigation methods in accordance with the law,that is,through the National Supervision Law,the National Supervisory Committee was given the corresponding duties and responsibilities for supervision,investigation and disposal.The reform of the national supervisory system is essentially an organizational and institutional innovation in the field of supervision.Organizational innovation is the establishment of supervisory committees at all levels,and institutional innovation is the formulation of the Supervision Law.In March 2018,the First Session of the Thirteenth National People's Congress voted and adopted the "Amendment to the Constitution of the People's Republic of China" and the "Supervision Law." Recalling the process of reforming the national supervisory system,pilot,constitution revision and legislation are the three steps of the reform of the national supervisory system.According to the provisions of the Supervision Law,after the Supervisory Commission has undertaken the power to investigate crimes of the procuratorate,my country has realized the functional transition from the power of direct investigation by the procuratorate to the independent exercise of the power of investigation by the Supervisory Commission.The Supervision Law preliminarily regulates the procedural measures of the investigating authority's duty crime investigation power,as well as the collection,fixation of evidence,consistency with the standard of proof in the trial procedure,etc.However,much remains to be discussed regarding the duty crime investigation power Issues,such as the overlapping of jurisdictions in the exercise of the power of investigation of duty crimes,the protection of the rights of the investigated persons,the promotion of the leniency system of pleading guilty and punishment,and the application of retention measures during the exercise of investigation measures by the supervisory authority.In order to ensure that the supervisory organs better exercise their investigative powers,in addition to giving the National Supervisory Commission the power to formulate regulations,local supervisory committees can better perform their supervisory duties or related departments jointly issue relevant judicial interpretations to make the "Supervision Law" and other laws effective...