The Jurisprudence Of The Supervisory Committee's Investigative Power And Its System Perfection

After the reform of the supervisory system was completed,the Supervisory Law of China established a mode of allocation of investigative power,which integrates the functions of Party discipline inspection,administrative supervision and criminal investigation.The objects of investigation include cases of violation of discipline,duty violation and duty crime.This mode centralizes the decentralized supervisory power of anti-corruption and anti-malfeasance in the past,which is exercised by one organ,realizes the organic integration of anti-corruption resources,avoids the cross-repeated investigation of the same case by different organs,constructs a centralized,efficient and authoritative new supervisory system for public officials,and improves the efficiency of the investigation of anti-corruption and anti-malfeasance cases.At the same time,we should also see that the integrated allocation of investigative power also blurs the nature and orientation of investigative power.The official position denies the investigative nature of duty crime investigation activities,which makes the investigation activities not only unable to be regulated under the guidance of perfect criminal procedure law,but also unable to provide effective procedural safeguards for the respondents because of the initial foundation of the supervisory law.It not only has a great impact on the connection with criminal procedure,but also has a certain impact on the traditional theory of criminal procedure.So,in order to ensure the smooth and efficient anti-corruption work,regulate the activities of the supervisory organs,at the same time,guarantee the legal rights of the investigated,and harmonize the relationship between the supervisory system and the criminal procedure system,a feasible way is to establish relatively independent investigation departments for violations of discipline and violations within the Supervisory Committee on the basis of distinguishing the different nature of the investigative power of the supervisory organs.With the investigation department of duty crime,the former carries out activities in accordance with the Supervisory Law and relevant laws and regulations and is bound by them,while the latter uses and is restricted by laws such as the Criminal Procedure Law.In this way,while taking into account the unification of the legal system and ensuring the effectiveness ofthe investigation activities,it also enables the respondents to obtain basic rights protection throughout the process.