On The Supervision Over Supervisory Organs Under Procuratorial Organs

The reform of the supervisory system has integrated the anti-corruption supervision power within the system and shaped an efficient and centralized state supervisory organ.The supervision law has given it a strong power of supervision and investigation,which also raised concerns about whether the power is restricted.In the current system,there is a lack of external supervision subjects that can effectively supervise the investigation power of the supervisory committee.In the process of handling specific cases,the procuratorial organs that should have the responsibility of legal supervision also cooperate more than restrict the work of supervision and investigation.The power of investigation is a kind of power with compulsory effect on personal property,which is easily abused in the absence of effective restriction,resulting in the violation of civil rights and the damage of judicial justice.The arbitrary investigation power will also make the tripartite structure of prosecution,defense and trial virtually exist which forming the investigation centralism.Therefore,it is necessary to supervise the investigation right in the criminal procedure.As a legal supervision institution,the procuratorial organ has the advantage of natural position in litigation supervision.It is the duty of the procuratorial organs to maintain the fair and legal operation of the procedure according to the functions and powers given by the Constitution and the criminal procedure law.However,under the current system,it is difficult for the procuratorial organs to effectively supervise the investigation power.The main reason is that the procuratorial organs need to take the transfer of prosecution by the supervisory committee as the pre procedure for the case taking over,which limits the possibility of the procuratorial organs to carry out real-time supervision over the investigation power.Second,after the anti-corruption department was transferred,the authority of the procuratorial organ as a supervisor was also reduced,and it was difficult to play the effectiveness of supervision only relying on some flexible supervision mechanisms.In order to enable the procuratorial organs to effectively supervise the investigation power,it is necessary to start with the existing system resources and explore specific and feasible supervision mechanisms and ways.This article is mainly divided into three parts to explore the supervision of the procuratorial organs over the investigation power of the supervisory committee.The first part mainly expounds the legal basis of the procuratorial organs restricting the supervisory committee.First of all,it defines the constitutional position of the procuratorial organ,traces back the origin and development of the legal supervision institution,and probes into the connotation of the legal supervision power.Secondly,on the basis of defining the legal attribute of procuratorial power,the functions of procuratorial organs in litigation are summarized as supervision power and public prosecution power.In conclusion,the examination and prosecution based on the right of public prosecution and the investigation and supervision based on the right of supervision are the basis of the supervision and investigation of the procuratorial organs.The second part mainly analyzes the difficulties of the procuratorial organs in restricting the supervision committee under the current system,which is embodied in the difficulties of real-time supervision of the investigation power,and the lack of effective means and supervision initiative.Therefore,it is necessary to emphasize that prosecutors should fulfill their objective obligations and explore the mechanism of real-time supervision and correction.The third part mainly constructs the concrete supervision and restriction mechanism,in order to intervene the duty crime investigation activity,to correct the investigation behavior,to investigate the main body to pursue the responsibility three ways to launch successively,has explored and constructed the advance intervention mechanism,has studied the enhancement procuratorial suggestion and the correction illegal way,and finally tried to cooperate with the external supervision organs to start the accountability procedure,thus,constructing a complete system to the supervise investigatory power.