Research On The Investigation Power Of The Supervisory Committee

The supervisory committee has concentrated the anti-corruption forces of the The The establishment of the supervisory committee has concentrated the anti-corruption forces from the three aspects of the party,the administrative organ and the procuratorial organ,making the anti-corruption work more efficient.According to Article 11 of the supervision law of the people's Republic of China(hereinafter referred to as "the supervision law"),the supervision committee has three important powers of supervision,investigation and disposal,of which the investigation power is the most important and frequent power,and a new,centralized and independent power.Therefore,it is necessary to study the investigation power of the supervision committee.First of all,it analyzes why it is called "investigation power" rather than "investigation power",so as to define the concept of the investigation power of the supervisory committee,and distinguish it from the other two related powers,so as to distinguish the concept of the investigation power of the supervisory committee from other powers.This paper analyzes the views on the nature of the supervisory committee,and clarifies the "ternary nature" of the investigative power of the supervisory committee.Then it discusses the basic content of the investigation power of the supervisory committee,and then forms a more comprehensive understanding of the investigation power of the supervisory committee.At present,there are some problems in the exercise of the investigation power of the supervisory committee.In terms of the subject of exercising the investigation power,due to its diversification and other reasons,the authority of each subject is not clear;in terms of the relief of the investigation object,the relevant system is missing;in terms of the scope of investigation,some matters coincide with the procuratorial investigation power and the public security investigation power,so how to divide the boundaries of these powers is a problem that needs to be solved;in terms of the investigation procedure,there are also filing procedures There are some problems,such as confusion,imperfect provisions of lien measures,poor connection between the investigation procedure and the public prosecution procedure of the procuratorate.In the aspect of supervision of the operation of the investigation right,there are some difficulties,such as the lack of internal supervision standardization and the lack of external supervision.Therefore,it is necessary to solve the problems encountered in the process of the operation of the investigation power of the supervisory committee in a timely manner.In order to prevent the inconsistency of follow-up investigation procedure caused by the unclear authority,the authority of the investigation subject of the supervision committee should be more clearly described;the relief system of the investigation object should be improved to reduce the infringement of the legitimate rights of the investigation object;the power boundary of the investigation of the supervision Committee should be more clearly defined,and the boundary between the investigation right and other powers should be clearly divided;the investigation right should be divided into other powers In terms of investigation procedure,we should adopt "advanced" filing procedure,specify the conditions,place,time and other contents of taking detaining measures,and coordinate the work with the procuratorial organ in such aspects as evidence handover;in terms of improving the supervision mechanism of the investigation power of the supervision committee,we should standardize the internal supervision,enhance the operability of the external supervision,and integrate the internal and external supervision The power of ministry supervision has been brought into full play to form a comprehensive supervision system for the investigation power of the supervisory committee.