A Study Of The Investigation Power Operation Mechanism Adopted By The Supervision Committee

Before the reform of the supervision system,the investigation and evidence collecting activities relating to acts in violation of laws or discipline and criminal acts are respectively carried out by anti-corruption department of the disciplinary inspection and supervision organ and procuratorial organ.The reform of the supervision system integrates relevant previous functions,including investigating and punishing acts in violation of laws or discipline,as well as investigating duty-related crimes,such as the corruption,accepting bribes or dereliction of duty,into the duties of the State Supervision Committee,so as to allow the investigation of discipline breaching acts,job-related law breaching acts and criminal offences.The establishment of the State Supervision Committee well solves the issue of poor inter-connection between disciplinary and law issues which are formed over a long period of time,in this way,it improves the efficiency in case handling and the overall effectiveness of the country’s corruption governance system.In addition,this move has also integrated all resources and power for anti-corruption practice,invested powerful investigation authorities,enriched the means of investigation and improved the capability in investigating duty-related crimes.While the Supervision Committee centralizes the anti-corruption power at the institutional level,it also shows a state of merging at the procedural level as it has not made distinction between the investigation procedures for acts in violation of laws or discipline and for criminal acts,resulting blurry procedural limitations and inter-connections.Centralized power may realize a highly efficient anti-corruption process,however,the efficiency also does not represent all the values which are being pursued by the legal system of a modern society.An investigation power that combines three powers helps the formation of a highly efficient anti-corruption mechanism,which in turn strengthens the anti-corruption function.However,if it is not properly regulated and restricted,it may hinder the procedural justice and is also against the protection of human rights.In the process of merging different investigation powers.we should classify each of the powers according to its nature and also give due attention on the particularities of criminal investigation.Furthermore,we should set the Supervision Committee’s investigation of dun-related crimes onto the track for the rule of law and maintain the rule of law for criminal investigation.The requirements set by current procedure on the investigation of acts in violation of laws and discipline and on crimes are biased somehow as they have stringent requirements on the former and have sufficient authorization but lack of constraints on the latter.In view of the characteristic of being difficult in investigating and collecting evidence for duty-related crimes,powerful investigation measures will be needed.Also because it is more likely to infringe the rights of the person being investigated when implementing powerful investigation measures,strict procedural norms need to be set for it so as to provide effective procedural guarantee for the person being investigated.Therefore,we should appropriately separate the investigation procedure for acts in violation of laws or discipline from that for crimes on the basis of pursuing a highly efficient and unified anti-corruption effort,and further ensure the anti-corruption efficiency by perfecting the interconnections between procedures,and guarantee the righteousness of the investigation activities from procedural aspects and strengthen the procedural restrictions on the investigation power owned by the Supervision Committee,keep the power operation in right way,thus to eventually build up a normal and persistent mechanism for corruption governance.