Research On The Legislation Of Supervisory Committee's Investigative Power

The Supervisory Law gives the Supervisory Committee the right to investigate official crimes.After the establishment of the Supervisory Committee,it absorbed the administrative investigation of the former administrative supervisory organ and the criminal investigation of the official crime of the procuratorial organ.At the same time,it is closely related to the Party's disciplinary inspection and has multiple attributes.It is a new national power,closely related to the personal and property rights of citizens,which has aroused great concern in the legal circles.However,at present,the academic circles have not formed the mainstream authoritative views on the power attributes,legislative status,legislative problems and ways to improve the investigation power of the Supervisory Commission,and are still in a state of contention among hundreds of schools of thought.As for the power attribute of the investigative power of the Supervisory Committee,there are many views in the academic circles,such as the theory of administrative power,the theory of judicial power,the theory of compound power and the theory of supervisory power.However,the investigative power of the Supervisory Committee is clearly defined as supervisory power by official legislation and senior authorities.The investigative power of the Supervisory Commission belongs to the state power.It should follow some basic principles of public power in the legal theory,including the principles of constitutionality,legality,proportionality and supervision and restriction.There are still some problems in the current legislation of our country,such as the narrow subject of supervisory law legislation,the abstract principle,the thin content of the supervisory law,the imperfect law of investigation procedure,etc.In the future,we should constantly improve and improve the legislation of supervision law,including enlarging the main body of supervision law legislation,refining and enriching the relevant content of the supervisory law,and perfecting the law of investigation procedure,etc.