| In October 2017,the General Office of the Central Committee of the Communist Party of China issued the "Plan on Promoting the Reform of the National Supervision System Pilot Program",deployed the nationwide exploration and practice of deepening the reform of the national supervision system,and completed the establishment of provincial,municipal and county-level supervision committee Work to achieve full coverage of all public officials who exercise public authority.In just over three months,all provincial,municipal,and county-level supervisory committees across the country have been set up,and the pilot work of deepening the reform of the national supervisory system has achieved important stage results.In March 2018,the National People ’s Congress passed the amendments to the Constitution and the Supervision Law,which provided a legal basis for the establishment and operation of the national supervisory authority.At present,the deterrent and punishment of corruption by the supervisory organs have initially appeared.How to ensure that human rights are not violated under the powerful investigative power of the supervisory authority,the role of the legal supervision of the procuratorate is particularly important here.The Supervision Law stipulates: "The supervisory organ shall cooperate with the judicial organ,the procuratorial organ,and the law enforcement department in handling cases of duty violations and crimes,and mutually restrict each other." The procuratorial organ is legally defined as the legal supervision department to restrict the supervision authority Sex.The Constitution gives the procuratorial organ legal supervision functions,allowing the procuratorial organ to make a difference in protecting human rights.The supervisory authority is a young institution in China,and some supporting laws and regulations are still being formulated,so it is inevitable that its human rights protection work will face inadequate regulations in the specific process of handling cases.In the process of handling cases,the supervisory authority will have the idea of ??re-investigating the case and ignoring the protection of human rights.Here,I will do some research on the content of supervision and inspection in the perspective of human rights protection,and put forward my own insights on the improvement of supervision and inspection.It is hoped that through the improvement of the supervision system for the content of human rights protection in the connection between supervision and inspection,the lawful and orderly development of the supervision organs ’case handling will be promoted,and the legal supervision power of the prosecution organs in the judicial system reform with“ trial as the center ”will be strengthened.At the same time,it protects the legitimate rights and interests of citizens,safeguards the fairness and justice of the law,and makes its own contributions to the reform and development of the supervision system and China’s anti-corruption work.Human rights are the basic goal and fundamental value of the rule of law.The rule of law is an important guarantee and fundamental way to realize human rights.The rule of law and human rights are complementary and inseparable in theory.The communiqué of the Fourth Plenary Session of the Nineteenth Central Committee of the Party pointed out: "We must improve the system and mechanism to ensure the full implementation of the Constitution,improve the legislative system and mechanism,improve the social fairness and justice rule of law guarantee system,and strengthen the supervision of the implementation of the law." The convergence of the supervisory and prosecutorial agencies is the starting point,jointly aiming at protecting human rights,deterring and punishing corrupt elements while protecting human rights,and exploring the new supervisory system in the link between supervisory and prosecutorial,thereby promoting the normal operation of the national anti-corruption mechanism.This article will find some problems in the investigation cases of the supervisory organs through analysis and research on the human rights guarantee in the connection between supervisory and inspection,propose the use of the legal supervision function of the procuratorate to strengthen human rights guarantees,propose relevant system construction,and improve the constraints of the supervisory authority ’s investigation power To ensure that the supervisory organs carry out anti-corruption work reasonably,legally and efficiently.Promote the further improvement of the reform of the national supervisory system and implement the overall goal of the judicial system reform at an early date.This article is divided into four parts.The first part introduces the concept of human rights protection and supervision and inspection and the current basic situation,analyzes the concept and content of human rights protection and supervision and inspection,and clarifies that supervision and inspection will promote human rights protection.The role and significance.The second part is to elaborate the basic theory of the connection between human rights protection and supervision and inspection,theoretically discuss what is supervision and inspection and human rights protection,and introduce the situation of supervision and inspection linkage in countries and regions outside the region,and find the valuable significance And something worth learning.The third part is to analyze the legislative provisions and existing problems of human rights protection in China’s supervision and inspection connection.By analyzing the content of human rights protection in the supervision and inspection connection,understand that the aspects corresponding to the supervision and inspection connection from the perspective of human rights protection are personal rights and property rights.In the practice of neutralization,we are looking for the current problems in these two aspects in the connection between supervision and inspection.The fourth part is based on suggestions and ideas for the shortcomings and shortcomings of the human rights protection part in the connection of supervision and inspection,and through recommendations to improve the work of human rights protection in the connection of supervision and inspection,and strengthen the orderly control mechanism of the supervisory organs in the handling of cases.Thus promoting the development of China’s anti-corruption work and the exercise of the supervisory authority of the procuratorate. |
