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Study On Supervision Investigation Procedure

Posted on:2020-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z XueFull Text:PDF
GTID:2416330620452051Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The supervision investigation procedure is the legal procedure to regulate the supervision commission to investigate the duty-related illegal and criminal activities.Its implication includes not only the investigation and evidence collection procedure,but also the necessary pre-procedure such as the getting and reviewing clues,preliminary verification and filing of case,as well as the retention procedure specially provided in the supervision law.In terms of sources of law,the investigation procedure should not only follow the provisions of the constitution and the supervision law,but also be regulated by party regulations,supervision regulations,related criminal laws and judicial interpretations.In terms of the legal nature,the investigation procedure has the overall independence and the internal administrative and criminal dual nature,and epitomizes the unified responsibility of the supervision system.The procedure of investigation consists of the procedure of initial investigation of problem clues,filing procedure,investigation and evidence collection procedure and retention procedure.First,in the procedure of initial investigation of problem clues,the supervisory department should obtain the problem clues through active or passive way,examine and judge whether the problem clues are traceable and belong to the jurisdiction of the department,and then preliminarily verify the problem clues which are traceable and belong to the jurisdiction of the department.Second,the subject of filing a case is supervisory department,and filing a case should meet the legal conditions and go through the legal procedures.The two special filing types:filing a case for a matter and filing a case for a unit crime,which are established in the supervision regulations are also of particular concern.Third,in investigation and evidence collection procedure,the investigators is responsible for the illegal and criminal cases investigation,they should meet the statutory qualifications and challenge system conditions of supervisory personnel,the supervisory department should formulate and strictly carry out the investigation plan,the application of investigation measures should meet the legal conditions and go through the legal procedures,evidence collection shall be conducted in accordance with the standardsof criminal justice,strictly exclude the illegal evidence.Last,in retention procedure,supervisory department shall comply with the statutory conditions,fulfill the obligation of notification according to law,and execute the measures in legal places and shall not exceed the statutory time limitation.When the legal situation of removing the retention occurs,the retention shall be removed according to certain procedures.There are three main problems in the investigation procedure: First,the rights protection mechanism is not perfect.Specifically,the preliminary verification measures are too strong,the investigation procedure does not allow lawyers to intervene,and the legal situation,examination and approval procedures and execution place of the retention are unreasonable.Second,the investigation procedure of duty violation and duty crime is confused.It is embodied in the confusion of investigation organizations and investigators,confusion of case filing procedure and confusion of investigation and evidence collection procedure.Third,there are problems in the connection between investigation procedure and criminal procedure.It is embodied in unreasonable connection of functional jurisdiction,unclear connection of jurisdiction of different levels,obstacles existed in connection of excluding illegal evidence and scanty connection between supervisory investigation measures and criminal investigation measures.The investigation procedure should be improved from the following three aspects:First,perfect the right safeguard mechanism in the investigation procedure.Including strictly regulate the application of preliminary verification measures of withholding property,technical investigation and restricting going abroad which limit the personality-status right of the people who are verified,allow lawyers involved in duty crime investigation procedure and clear the concrete system,clear the legal situation and executing place of retention measures and explore external examination and approval system of applicating the retention measures.Second,separate the investigation procedure of duty violation and duty crime moderately.Including separate the institutions and the investigators of supervisory committee,separate the filing procedure on the basis of evidence obtained in the process of preliminary verification and build the conversion mechanism of filing procedure in the process of review and investigate,distinguish evidence collection requirements between duty violation investigation procedure and duty crime investigation procedure and formulate appropriate evidence transformation rules.Third,improve the mechanismof the connection between the supervisory investigation procedure and criminal procedure.Including improve the jurisdiction connection mechanism by building jurisdiction mechanism of function and different levels with more rationality and certainty,perfect evidence application connection mechanism by building the illegal evidence exclusion system,perfect investigation measures connection mechanism by building coordination system of supervisory investigation measures and criminal investigation measures.
Keywords/Search Tags:supervisory investigation, legal procedure, rights protection, procedural separation, procedural connection
PDF Full Text Request
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