On The Supervision And Restriction Of The People's Procuratorate To The Supervisory Committee

The state supervisory power needs to be supervised and restricted.Supervision and restriction has the same function of preventing power abuse and dissimilation corruption,but there are specific differences in concept and operation.The Constitution and the supervision law make it clear that the people's Procuratorate and the supervision committee restrict each other in handling cases of duty violation and duty crime.At present,the people's Procuratorate mainly restricts the supervision committee through examination and prosecution,but the restriction is insufficient.It is suggested to add the mechanism of returning investigation and reasoning and the provisions that the decision of not prosecuting should be approved by the people's Procuratorate at the next higher level,so as to strengthen the restriction of the people's Procuratorate on the supervision committee.In addition,because the investigation of duty crimes by the supervisory committee has the legal effect of criminal investigation,and the lien has the substantive legal effect similar to arrest,it is suggested that the people's Procuratorate be authorized by legislation to review and approve the lien measures,so as to further improve the restriction on the supervisory committee.In addition to restricting the supervisory committee,based on the theory of power control and legal supervision,the people's procuratorate can supervise the supervisory committee in theory,and investigate the relationship between the people's Procuratorate and the supervisory committee from the perspective of law and politics.Therefore,it is suggested that the law should clearly set up the legal norms that the people's procuratorate can supervise the investigation activities of the supervisory committee and clear the legislative obstacles of the supervisory committee of the people's Procuratorate.In addition,the supervision and Supervision Committee of thepeople's procuratorate should carry out specific activities in terms of case filing,case withdrawing,investigation and transfer.The supervision of case-filing should be set up according to different types.The supervision of case-withdrawing can establish a record mechanism of case withdrawing.The supervision of investigation activities should pay attention to whether the classification and application of investigation measures are illegal.The supervision of case transferring can be set up by referring to the experience of supervising administrative law enforcement agencies in transferring suspected criminal cases.