Research On The Investigation Power Of Chinese Supervisory Commission

On March 20,2018,the 13 th National People’s Congress held its first meeting and passed the Supervision Law of the People’s Republic of China at the meeting.The full text uses 9 chapters and 69 legal provisions to comprehensively stipulate the relevant contents of supervision.One quarter of the provisions is related to the investigation power in the supervision law.The investigation power is one of the important powers of the supervision organs.Its correct application and exercise are all positive promotions and support to the anti-corruption work.The investigation is related to citizens’ personal freedom rights and property safety.It is a concrete practical work in the process of anti-corruption under the rule of law.All measure in the investigation,such as conversation,interrogation,freezing and seizure,must not be careless.While paying attention to standardizing the investigative power of supervisory organs,the law must also ensure that the investigative power is exercised through appropriate procedures to protect the legitimate rights of the investigated and achieve a strong anti-corruption effect.This article focuses on the study of the basis and process of the operation of the right of investigation,and will discuss it from the structure of introduction,body and conclusion.In the body,the right of investigation will be studied through five parts.The first part starts with the definition and essential attributes of the right of investigation,and elaborates the basic theories about the right of investigation,such as the connotation of the right of investigation,etc.Based on the domestic and foreign research materials,this paper analyzes the nature of the right of investigation and its position in China’s supervision system.A clear interpretation of the connotation of the right of investigation is the cornerstone for a better understanding of the right of investigation,and mastering the theoretical basis of the right of investigation is the premise for a better implementation of the right of investigation.The second part analyzes the internal structure of the power of investigation bydiscussing the main body,the scope and the way of exercising the power of supervision and investigation in our country,and studies the content that should be included in the power of investigation under the rule of law,so as to have a deep understanding of the elements of the power of investigation.The third part is the analysis of the operation procedure of investigation right in China.The process of the investigation is sorted out in order,mainly from the beginning,development and end of the investigation.The implementation of the investigation work directly reflects the specific operation of the legal procedures related to the investigation work in practice,including the determination of the investigation plan,the implementation of the investigation plan and the handling of the investigation results,etc.The fourth part is discussed from four aspects: the current investigation about the system and the problems existing in the operation.First,the status of the investigation power in the Supervision Law needs to be improved,and the incomplete and incomplete current laws and regulations will make the operation of the investigation power impeded.The second is to focus on the problems existing in the scope of transfer of investigation evidence types and the transfer of compulsory measures when the investigated cases are returned for supplementary investigation.The third is the supervision mechanism of investigation power.The supervision of power organs is more formal,the power of external supervision is limited,and the supervision of internal organs of supervision organs is not standardized.The fourth is to discuss the protection of the three human rights in the operation of the investigation right.The first is that the relevant provisions in the lien measures do not reflect the actual protection of the personal rights of the investigated person.The second is that the lawyer cannot intervene in the investigation stage,and the investigated person does not have the corresponding defense rights.The third is that the rights relief system of the investigated person is deficient.The fifth part aims at the problems raised in this article and puts forward measures to perfect these four aspects.The main viewpoints include starting with laws and regulations,while improving the status of investigation power,making thelegal norms of investigation power more complete and specific;Clarify the transfer scope of investigation evidence types and how coercive measures should be applied in the phase of procedure reversion,and provide suggestions for operational difficulties in practice;In order to prevent the abuse of power in the investigation,we should improve the supervision methods and strengthen the supervision effect and deterrent force.In order to endow the investigated person with the corresponding defense rights,by improving the provisions on personal rights and interests in the lien measures,lawyers are allowed to intervene in the investigation stage while certain access conditions and procedures for lawyers to intervene are set;Finally,we should improve the ways of human rights protection and relief so that the principle of human rights protection can be implemented in the operation process of the investigation rights.