Research On The Investigation Right Of Duty Crime In The Supervisory Committee

The overall goal of the reform of the state supervision system is to build a state supervision system of "centralized and unified,authoritative and efficient",and the supervisory committee has emerged as the times require.The supervisory law sets the functions of the supervisory committee as "supervision,investigation and disposal",and the investigation function includes the investigation of the crime of duty.The positioning of duty crime investigation power supervision committee is not clear,the unknown nature,bring understanding and practice;there is a risk of a series of rule of law in the operation,there are many restrictions on the respondent’s personal and property rights,it is a big problem.The first part of this paper,based on the relationship between nature,how to straighten out the correct understanding of the Commission of crimes related to the right of investigation power,institutional arrangements,scientific and reasonable system of coordination,can realize the effective control of crime and to protect the legitimate rights of the person under investigation,the rule of law implementation of duty crime investigation and supervision right the committee,change will further promote China’s anti-corruption policy to the rule of law,anti-corruption anti-corruption system,is the core concern of this paper.The second part reviews the academic circles on the different understanding of the nature of crimes investigation,investigation of the right configuration patterns,analyzes the duty crime investigation right in China from the people’s Procuratorate to exercise supervision committee to exercise this transformation background,put forward the Duty Crime Investigation Commission on real right has enjoyed.On the basis of clarifying the concept of investigation and investigation,we distinguish between the general investigative power and the investigative power of job-related crimes,and make clear that the essential attribute of the investigative power of job-related crimes is the investigative power,and put forward the significance of rule of law behind it.The third part discusses the legal position and the nature of supervisory power of the supervisory committee,and points out that the supervisory committee is a special supervisory organ that represents the state’s independent exercise of supervisory power.Supervisory power is a compound type,which is a new type of state power which is parallel to legislative power,judicial power and administrative power.In this way,the state power structure of "one government,one committee,two houses" under the NPC is formed.The fourth part points out that there are some legal risks in the operation of the investigative power of job-related crimes by the supervisory committee.We should achieve the rule by law operation of the investigative power of job-related crimes by the supervisory committee through the establishment of the basic principles and the mechanism of supervision and restriction.