Research On The Investigative Measures Of The Supervision Conversation

Conversation is not only an investigation measure determined by the supervision law,but also a specific method of supervision.As an investigation measure,conversation,interrogation,inquiry and other measures are juxtaposed to be used by the supervision organ to investigate the illegal activities of duty;As a working method,conversation is a supervision system that runs through the whole process of supervision and can be applied in the stages of supervision,investigation and disposal.From the perspective of investigation measures,conversation is an investigation means to verify the violation of duty in the disposal of problem clues,preliminary verification and case filing investigation based on Article 19 and paragraph 1 of Article 20 of the supervision law.As an investigation measure determined by the supervision law,conversation has the characteristics of legality and investigation;The duality of legal basis shows that the conversation has an internal structure and reflects its internal differences;As an organic part of the anti-corruption system,the goal and task of systematic governance of corruption are implemented in the supervision and investigation.Therefore,the conversation is systematic.The relationship between those above characteristics of conversation can be clarified by modifying the type division of reminder supervision conversation and investigation supervision conversation in the existing theoretical research,and characterizing the internal differences of conversation with this type division.According to Article 19 of the supervision law,the reminder supervision conversation is applicable to the disposal of problem clues,gives play to the basic function of investigation,and pursues the realization of the systematic function of special education;Based on paragraph 1 of Article 20 of the supervision law,the investigation supervision conversation is applicable to the stage of preliminary verification and case filing investigation,and realizes the governance function of the anti-corruption system through the exertion of the investigation function.It can be seen that legality is a basic feature of conversation,internal difference is another basic feature,investigation is the core feature of conversation,and systematicness is an important feature of conversation.Based on those above,the essence of the legalization problem faced by the conversation is whether its legal nature is enough to control the internal differences,investigation and systematicness,give full play to the advantages of internal differences,and pursue the maximization of the return of system functions on the basis of realizing the investigation function.On this standard,we can examine the legal provisions and practical status of the conversation measures,and there are some problems,such as internal differences,advantages,obstacles,defects in systematic system structure,insufficient investigative legal regulation and so on.The above problems should be solved according to the logical relationship between the rule of law,internal differences,investigation and systematicness of the conversation.