Research On Jurisdiction Of Duty Crime Supervision Investigation

With the reform of the supervision system,the investigation power of duty crime is transferred to the supervision committee.The jurisdiction mode of supervision and investigation power is a kind of Hierarchical Jurisdiction mode,in which there are many kinds of jurisdiction changes and transfers,which take the management authority of cadres as the standard,and take into account the regional jurisdiction.At the beginning of the reform of supervision,the design of the legal system of supervision is in a tight time and heavy task.However,due to the short time of establishment and the lack of accuracy of some regulatory provisions,the jurisdiction provisions for the investigation power of duty crimes need to be improved.There are mainly the following problems: first,within the supervision committee,the supervision committee,because of the influence of the ideas of handling cases by the discipline inspection organs,still follows the pattern of discipline inspection organs in determining the jurisdiction scope and procedures of cases,and makes no distinction between the duty violations and the duty crimes.Second,the principle of "combining management authority with regional jurisdiction" is stipulated in the supervision law,but in practice,how to determine jurisdiction according to region and level,and the conflict of jurisdiction with the separation of management authority of cadres and work place have not been solved in legislation.Third,there are legal gaps and incoordination between them.In terms of legal norms,there is no solution to the problems of the connection between the supervisory organ and the investigation organ,the jurisdiction of the cases involved in each other and the jurisdiction of the cases connected with the judicial organ.The above problems will affect the effectiveness of the reform of the supervision system and the solution to the problems of the duty crimes.Therefore,the supervision and jurisdiction system of the duty crimes should be improved from the following aspects: first,to clarify the differences between the duty crimes and the duty crimes in the case jurisdiction,to improve the functional jurisdiction provisions of the duty crimes supervision and investigation;second,to improve the region in the general jurisdiction The basic norms of jurisdiction are to standardize the change of jurisdiction of supervision and investigation with rigid provisions,sort out the documents on the authority of cadre management within the party,solve the provisions of Hierarchical Jurisdiction in the supervision and jurisdiction of duty crimes,and determine the jurisdiction mode with hierarchical jurisdiction as the main and negotiated settlement as the auxiliary;the third is to improve the connection between the supervision committee and the investigation organ and the jurisdiction of mutual involved cases,and clarify the public security organ The positioning of related cases and the elimination of the jurisdiction of procuratorial organs in the mutual involved cases,the resolution of the cross conflict of jurisdiction between the supervisory committee and the public security organs,the supervisory committee and the procuratorial organs in the mutual involved cases,and the improvement of the jurisdiction connection and coordination between the supervisory committee and the court.