| The reform of the supervisory system is a corresponding reform made in accordance with Chinese national conditions,reflecting our country’s determination and attitude to fight corruption.The investigative power of the supervisory authority is the most important of its powers.The reasonable operation of the investigative power depends on the success or failure of China’s anti-corruption,and the connection between the investigation procedure and the criminal procedure law,which is a very important part.Therefore,it is very necessary to study the investigative power of the supervisory committee.This paper analyzes the investigative power of the supervisory authority for crime in office from four parts.The first chapter mainly introduces the concept,principles,attributes and nature of the investigative power of duty crimes,and analyzes and compares the difference between the investigative power and the ordinary criminal investigation power;the second chapter mainly analyzes and compares the mode of extraterritorial investigation of duty crimes and the revelation to China,mainly including the prosecutor’s exercise of investigative power of duty crimes,the police’s exercise of investigative power of duty crimes,the specialized agencies’ exercise of investigative power of duty crimes,and the three investigative powers of duty crimes to The inspiration of China.The third chapter mainly analyzes the current problems in the process of supervision and investigation in China,its interface with judicial procedures,evidence and coercive measures.The fourth chapter mainly focuses on the problems that exist in the operation of China’s supervisory investigation power,and proposes suggestions for improvement to promote the supervisory organs to exercise the supervisory investigation power reasonably,legally and efficiently.Through the study of this paper,the author believes that the study of the supervisory power of investigation is mainly to clarify the concept of the supervisory authority to investigate crimes in office,the nature and its difference with the previous criminal investigation power contrast,while in the process of the operation of China’s supervisory investigative powers have also emerged such as prone to supervisory investigation centrism,selective law enforcement and other risks,the current lack of refinement of the law has also led to the poor interface between supervisory investigation and criminal proceedings,especially The problem of the interface between detention measures and other issues need to be resolved.In response to these problems,the author believes that the construction of the investigative procedures should be improved,such as improving the legislation to strengthen the professionalism of investigators and other acts.Through legislation to improve the interface between supervision and investigation and all aspects of criminal proceedings,on this basis should also strengthen supervision,through supervision to force investigators to be able to reasonably enforce the law,so that crime investigation and human rights protection are given equal importance.The exercise of supervisory and investigative powers should be based on the rule of law path,through strengthening and improving the supervision and control mechanism of investigative powers,improving the protection of the rights of those under investigation,improving the interface with criminal proceedings,the formation of a professional supervisory team and other ways to achieve the sustainable development of China’s supervisory and investigative powers.At the same time,ensuring the rule of law and standardized operation of the supervisory and investigative powers is of great significance for advancing the anti-corruption process in China. |