A Study On The Allocation Of Investigation Power By The Supervisory Committee

In 2018,after revision of the constitution,China’s organizational form of state power has become "one government,one supervision committee and court and procurator,which are under the leadership of the National People’s Congress," that shows the further development of the division of state power under the people’s congress system.However,from a lower level,the integration of supervision and investigation forces in this reform has shown a trend of centralization.Under the traditional supervision system,administrative organs and procuratorial organs enjoy the powers of administrative supervision and duty-related crime investigation,therefore the distribution of investigative powers is decentralized.The issuance of the Supervision Law provides a standard of supervision and investigation power allocation in the form of law,integrates the duty violations and duty crime investigation powers with the supervision committee,thereby establishing a configuration model in which specialized organs can concentratedly exercise investigation powers.This paper studies the investigation specifications,the nature of investigation powers,investigation measures,and investigation procedures,and analyzes the existing problems in the Supervisory Committee’s allocation of investigation powers,so as to put forward suggestions for distinguishing allocation ideas and corresponding measures.From the logical structure of the content,this article is divided into three parts:The second chapter examines the allocation of investigative powers of the Supervisory Committee.Legislators clearly distinguished the investigative power of the Supervisory Committee,administrative supervisory and investigative power and the investigative powers of the procuratorial organs,and set up specialized organs to concentrate on the investigation of duty-related crimes,while the provision of investigative powers,investigative measures and procedures in the Supervisory Law also use the expressions of "duty violations and duty crimes".Hence,inspecting the investigative power of the Supervisory Committee from three aspects: nature,standard and organ,the prominent features are the general configuration of the investigation of duty-related illegal actions and duty-related crimes.The third chapter analyzes the main problems in the current centralized configuration mode.Through the reform pilot and a series of legalization,the allocation mode of the investigative power of the Supervisory Committee has been guaranteed in both practice and the law.However,the preliminary establishment of the supervisory committee’s investigative power allocation model has not completely solved the dilemma of the current anti-corruption.Because the investigative measures and procedures ignore the differences between the two cases of duty violations and duty crimes,lack of external supervision and the establishment of relief channels for the respondent,as a result,the basic rights of the respondent cannot be guaranteed by law.The large discretionary space of the investigating agency of the Supervisory Committee and its investigators is not conducive to the standardization of the investigation,the centralized configuration ignores the connection with the provisions of the Criminal Procedure Law,and triggers internal and external conflicts in the application of the rules.Chapters 4 and 5 put forward the thinking and constructive measures of the Supervisory Committee’s allocation of investigation power.Neither the centralized or decentralized model can meet the needs of the development of the rule of law in modern society.In order to ensure the uniformity and stability of the legal system,while the investigative powers of the Supervisory Committee are pursuing concentration and efficiency,the allocation of internal and external powers should also pay attention to the principle of proper separation of investigations of duty violations and duty crimes.The establishment of internal mechanisms such as the case filing mechanism,investigative measures,and investigation procedures of the supervisory committee shall reflect the differences between duty violations and the duty crimes.And establish external forces such as lawyers and procuratorial organs to supervise the supervisory committee.In this process,the concepts of effective anti-corruption and protection of human rights are considered in an integrated manner,the protection of the basic rights of respondent is taken as the limiting boundary for the allocation of investigative powers,and clear legal provisions are used to ensure that the supervisory functions of the supervisory committee are implemented.