An Research On The Procuratorial Investigation Power Under The Background Of Supervision System Reform

The investigation power of the procuratorate is an important part of the procuratorial power and also a strong support for the procuratorate to perform its function of legal supervision.In order to integrate anti-corruption resources and form a unified,authoritative and efficient anti-corruption system,the state began to explore the reform of supervision system in 2016,and issued the supervision law in 2018.As a result,the power to investigate duty crimes which exercised by the procuratorate in the past officially transferred to the commission of supervision.However,this does not mean that the procuratorate have completely lost their powers of investigation.According to the 2018 criminal procedure law,the procuratorate still have part of direct investigation power of certain crimes committed by judicial staff,flexible investigation power in specific cases and full self-supplementary investigation power.Therefore,at present,how to make the limited investigation power of the procuratorate play effective role is a key issue to be concerned about.To this end,based on the current situation of the procuratorial investigation power,the author makes an in-depth analysis of the problems existing in the process of operation and proposes effective reform measures.In addition to the introduction and conclusion,this paper is divided into three parts.The first part is an overview of the procuratorial investigation power.First,it briefly explained the connotation of the procuratorial investigation power.Secondly,it analyzes in depth the new changes brought by the reform of the supervision system to the procuratorial investigation power,including the exercise of direct investigation powers limited to certain crimes committed by judicial staff,the scope of flexible investigation powers limited to specific cases under the jurisdiction of investigation organs,and add self-supplementary investigation power to cases transferred by the supervisory authority.The second part investigates the procuratorial investigation power in the context of the reform of the supervision system.First of all,it investigates the operation status of the procuratorial investigation power in the context of reform.Specifically,in the direct investigation power,it includes the investigation of the case,the jurisdiction,the investigation department,the arrest decision procedure,the solution of related cases and the supervision mechanism about duty crimes committed by judicial personnel.In the flexible investigation power,it includes the investigation of the exercise situation and main applications.In the self-supplementary investigation power,it includes the investigation of the exercise situation and the desire of the procurators to exercise their self-supplementary investigation powers.Secondly,it analyzes deeply the problems existing in the procuratorial investigation power in the context of reform.For the direct investigation power,problems such as the blocked case clue discovery channel,the integrated investigation and arrest,the "priority of supervision" in related cases,the lack of investigators and detection means,and the imperfect supervision mechanism prevent the normal exercise of the self-investigation power.For the flexible investigation power,it is still a platitude that the scope of application is narrow and vague and the threshold of initiation is too high.For the self-supplementary investigation power,the lack of operational procedures,the insufficient investigative capacity of prosecutors,the lack of relevant cooperation mechanism and supervision norms lead to the low application rate of self-supplementary investigation power.The third part mainly discusses the reform path of the procuratorial investigation power in the context of the reform of the supervision system.For the direct investigation power,we can ensure its effective exercise by unblocking the discovery channels of case clues,restoring the provisions which raise the right of arrest to a higher level,applying the principle of " priority for major crimes " in the related cases,enriching the investigation force and improving the internal and external supervision mechanism.For the flexible investigation power,it can be made effective by appropriately expanding the scope of application and lowering the threshold of initiation.For the self-supplementing investigation power,the problem of low application rate can be solved by formulating the implementation rules,strengthening the detection ability of procurators,constructing effective cooperation and supervision mechanism.