Research On The Restriction Mechanism Of The Investigation Power Of Duty Crime

After the adoption of the amendment to the Constitution and the supervision law in 2018,the supervisory committee officially became a special organ to exercise the state's supervision function and perform the investigation power of duty crimes according to law.With the anti-corruption entering a new stage,the inquiry authority of the Supervisory Committee on official case shows the remarkable characteristics of strong investigation subject power,expansion of investigation object and enhancement of investigation authority,and plays an important role in the field of combating duty crimes by virtue of these advantages.At the same time,the risk of abuse of investigation power of duty crime is gradually prominent.It is necessary to improve the constraint system of inquiry authority of occupational crime and prevent the abuse of investigation power of duty crime to consolidate the existing anti-corruption achievements and deepen the reform of supervision system.Rational thinking on the necessity of restricting the investigation power of duty crime can start from the new situation of the investigation power of duty crime after the reform of supervision system,analyze the realistic demand and theoretical basis of the restriction,and answer the question of "why to restrict".It is helpful to put forward the corresponding countermeasures to understand the defects of the current restriction mechanism of the investigation power of duty crimes.Through the investigation of legislation and practice,it is found that the judicial personnel are afraid of the supervisory committee when they exercise their functions and powers;the law monitor power of People's Procuratorate is far from being fully exerted;the unclear application of the rules of evidence judgment makes it difficult for the judicial organ to form a strict system for the investigation of duty crimes;the supervision of the National People's Congress is lagging behind,and the democratic supervision,social supervision and public opinion supervision are weak,so External supervision is weak;in terms of internal supervision mechanism,special supervision organization and supervision and investigation mechanism need to be improved;due to the absence of lawyer's defense right,the defense right of duty crime respondents is insufficient.Looking at foreign countries and regions,Singapore and Hong Kong have rich experience in the operation and control of independent anti-corruption institutions.A comparative study of their anti-corruption power restriction mechanism can provide inspiration for the improvement of our country's duty crime investigation powerrestriction mechanism.Based on the current situation of our country's practice and the useful experience of foreign countries,we can improve the restriction mechanism of the investigation power of duty crimes from the following aspects: to ensure the judicial personnel to exercise their power independently;to strengthen the legal supervision function of the procuratorial organ;to implement the principle of evidence judgment with the trial as the center;to implement the diversified external supervision system;to optimize the internal supervision mechanism of the supervisory organ;to endow the investigated with Man's right to full defense.These specific ways of restriction and supervision are conducive to the formation of a multi-dimensional and three-dimensional restriction mechanism of the investigation power of duty crime,and ensure that the investigation power of duty crime is comprehensively and effectively restricted.