Research On The Investigation Power Of The Supervisory Commission

The Supervisory Committee is a great pioneering work in the reform of China's national supervisory system and is of great significance for the establishment of a monitoring system with Chinese characteristics.The supervisory committee is an anti-corruption work organization.An important purpose of deepening the reform of the state supervision system is to strengthen the party's unified leadership over anti-corruption work.Giving the constitutional status of the supervisory committee,clarifying its nature and functional responsibilities,and realizing the full coverage of all public officials exercising public power,will certainly promote the in-depth development of the anti-corruption struggle and further enhance the confidence and trust of the people in the party.The political foundation of the party's governance.Positioned as an anti-corruption work organization,it should have a specific definition of the investigative powers it performs.At present,the theoretical and practical circles have their own views on the nature of the investigation committee's investigation power,the exercise of investigation power,and supervision and improvement.Since the supervisory committee and the supervisory law are newly emerging institutions and laws,it is necessary to conduct in-depth discussions and research on the investigative power of the supervisory committee.Deeply comprehending the connotation,nature,legal nature of the investigation power,and the types and procedures of investigative power,the anti-corruption function of the supervisory committee can give full play to its vitality.Based on the current theories of experts and scholars in theory and practice,this paper analyzes the problems of investigative power in the practice of China,and makes some ideas on enriching the connotation of the investigative power system of China supervisory committee.First of all,starting from the meaning of the investigation power of China's supervisory committee,the specific connotation of the investigation committee's investigation power is expounded,and the legal nature of the current investigation committee's investigation power is analyzed.Starting from the content of the investigation committee's investigation right,it introduces the three steps of investigating specific objects,specific investigation methods and investigation procedures.Taking the above three steps as the entry point,we grasp the three characteristics of the investigation right,that is,the scope of the investigation is fully covered and there is no dead angle.The anti-corruption force is moved from" heteronomic supervision”to "integrated supervision",and the anti-corruption forces are highly centralized and unified.Secondly,according to the practice of the investigation authority of the former supervisory committee,trying to analyze the three aspects of the investigation power in the pilot area.Failure to allow lawyers to intervene may infringe the legitimate rights and interests of the respondents,and the connection with the criminal procedure is not smooth.The transfer of investigation cases is realized,and the supervision setting is not clear and it is easy to cause abuse of power.Finally,starting from the principle of the supervision committee's right to investigate,in view of the problems in exercising the power of investigation in practice,it puts forward suggestions for improvement from four aspects.Perfecting the supervision legal system is an inevitable choice for building a country ruled by law,and the introduction of lawyers can fully guarantee the The legitimate rights and interests of investigators,the solution of the problem of connection with criminal proceedings can smoothly realize the transfer of investigation cases,and the external supervision and internal supervision of the investigation authority of the supervisory organs are conducive to ensuring that the investigation power is exercised within the rule of law.