The Research Of The Integrated Procedure Of Supervision And Investigation

According to the strategic deployment of the report of the Nineteenth National Congress of the CPC,the reform of the supervision system has transferred the investigation function of duties and crimes to the supervision committee.The normative analysis of the "Supervision Law" shows that the investigation procedure of the duty illegality and criminal acts in the supervision and investigation procedure shows an "integrated" procedure design.In this regard,from the integration of internal institutions,the general grant of investigative powers,the unified implementation of investigative procedures,and the step-by-step establishment of investigative measures,it can be seen that the integrated procedures of supervision and investigation have been formed.However,the theoretical legitimacy of the supervision and investigation integration process still needs to be tested by theoretical research.In this regard,theoretical research is more skeptical,and raises theoretical questions from aspects such as the unity of the legal system of procedures,the imbalance of the operation of procedures,the abuse of investigative powers,the absence of human rights protection,and the difficulty of legal supervision.These above theories questions mainly are the deficiencies of the integrated procedures of supervision and investigation,which should be improved through reforms,and they cannot deny the integrated procedures of supervision and investigation.Examining the proposition of distinguishing the investigation procedures of duty-related illegality and crimes,it was found that it not only faced theoretical obstacles that violated the law of judicial cognition,but also faced with practical obstacles such as out-of-control power,investigative activities facing obstacles,and procedural control become a mere formality.,so it is not a proper reform proposition.On the contrary,as for the integrated procedures of supervision and investigation,the homogeneity of harming the society,the commonality of investigation measures,the coordination of evidence rules reflect the theoretical feasibility of the integrated procedures of supervision and investigation,and the severe anti-corruption situation,the nature of special cases,related Legal experience has proved the practical feasibility of the integrated procedure of supervision and investigation,so the integrated procedure of supervision and investigation is feasible and a more appropriate reform option.To construct the integrated procedure of supervision and investigation,a systematicconstruction shall be carried out from the "trinity" of investigation organization,investigation activities,and investigation evidence.In this regard,a unified investigation agency should be set up,and a common case-handling organization should be set up to lay the organizational foundation for the integrated procedures of supervision and investigation.The general start of investigation procedures,the integrated implement of investigation activities,and the termination classified disposal of investigations should be set up,to suit the orderly operation of the integrated procedures of supervision and investigation.Emphasis should be placed on the unified follow of the rules of evidence and the set of the certification standards,to maintain the orderly implementation of the integrated procedures of supervision and investigation.Through the above-mentioned procedure design,the internal coordination of the investigation procedures of duty-related illegality and crimes is achieved,and the orderly operation of the integrated supervision and investigation procedures can be maintain.In order to improve the integrated procedures of supervision and investigation,we should make targeted reforms to the deficiencies of the integrated procedures of supervision and investigation.More precisely,the application of investigative measures can be promoted by clarifying the application of the principle of proportionality and establishing a neutral judicial review mechanism.We should strengthen the protection of human rights during the investigation process by permitting lawyers to moderately participate in the supervision and investigation activities,and establish a system for supervising and investigating personnel to explain the situation in court.And we should improve the procuratorial supervision of investigative activities by improving the procuratorial organs’ early intervention mechanism and empowering the procuratorial organs to investigate the crimes committed by supervisors.Through the above reforms,the internal rationality of the integrated procedures of supervision and investigation can be achieved,thereby maintain the organic balance between punishing corruption and protecting human rights.