Research On The Investigative Power Of Supervisory Commissions In China

Since the launch of the reform of the supervision system in 2016,progress has been made in the reform of the supervision system.Since the promulgation of the supervision law of the People’s Republic of China in 2018,the basic construction of the reform of the supervision system has been basically completed.Supervisory committee as a full-time anti-corruption agencies after the reform,its itself is endowed with the three powers,namely,supervision,investigation and disposition,the supervision of the enforcement power of commission before procuratorate integration with the functions and powers of anti-corruption work,their generation before the indictment,the supervision of the enforcement power of commission more power,broader,more abundant functions.Supervisory committee in the survey covers all public officer in the exercise of public power,its main is investigating suspected of embezzlement and bribery,abusing authority,dereliction of duty,power rent-seeking,the indemnification,practice favoritism and waste of national wealth and other illegal and his duties crime,after the reform,the supervisory organ of investigative measures mainly include conversation,interrogation and inquiry,inquiry,freeze and obtaining,seal up,distrain,search,inspection,identification of inspection,lien,such as 12,its main characteristic is wide,anti-corruption strength is strong,has the national authority and specificity.Judging from the current situation of the supervisory commission’s use of the investigative power,it is necessary to uphold the party’s leadership in the exercise of the investigative power,and the supervisory commission at all levels can independently exercise the investigative power in accordance with the law,and make full use of various investigative measures to carry out the work,supervision system reform and anti-corruption work has achieved remarkable results.But from the point of practice research analysis,investigation of supervisory committee have problems on the running mechanism,the investigative work location fuzzy supervisory committee,using the investigation is not standard,the supervisionof investigation system is imperfect,the lack of laws and regulations related to the specific operation of such investigations with paper analyzes between criminal procedure law,and criminal litigation process does not match,and so on,these problems greatly affected the supervisory committee of anti-corruption work,also influence the judicial organs in the anti-corruption work process,and even affect the law must ensure the procedural justice,influence the process of China under the rule of law.Therefore,we need to analyze the issue of investigation right and put forward corresponding countermeasures to standardize the operation of investigation right of supervisory commission.Through the investigation of the anti-corruption investigation right in foreign countries and Hong Kong region,we can learn from the good experience of the operation of the investigation right in foreign countries and Hong Kong region,and put forward countermeasures and Suggestions in line with China’s actual situation according to the experience of foreign countries and Hong Kong region.In this way,the independence and equity of investigation right can be guaranteed according to the law of the United States.We can learn from the anti-corruption experience of the anti-graft investigation bureau of Singapore,strengthen the integration and coordination among laws and regulations by improving relevant laws and regulations,and guarantee the authority of investigation right.Can draw lessons from the experience of the Hong Kong icac,established to fight corruption and guarantee of due process of combining the concept of the rule of law and enforcement power to run the program to make clear a regulation,the use of effective standard survey measures,strengthen the internal and external supervision of enforcement power,through the combination of static control and dynamic control model,strive to maintain procedural justice and protecting human rights.In addition to drawing lessons from the good experience of foreign countries and Hong Kong region,we also need to analyze the causes of problems in the operation of investigation right from the current practice of China’s reform,and propose targeted countermeasures.In view of the current lack of laws and regulations to regulate the investigative power,it is necessary for the legislature to continuously improve the legal and regulatory system of the investigative power of the supervisory commission and optimize the relevant laws concerning the procedure of the investigative power of the supervisory commission.Positioning and specific enforcement power supervisory committee work,specific duties to carry out the enforcement power supervisorycommittee work,improve the supervisory commission linked to the criminal procedure law enforcement power,rebuilding the compulsory measure cohesion mechanism,explore the law gradually the participation in the investigation procedure,strengthening the use of supervisory committee survey evidence,perfect the supervisory commission enforcement supervision system,strengthen the internal supervision of enforcement power supervisory committee,give play to the role of judicial authorities for the supervision of the supervisory committee,establish multi-channel democratic supervision mechanism,perfect the supervisory committee understanding of enforcement power,improve the supervisory committee’s emphasis on the investigation,Regular professional training of supervisory committee cadres at the grass-roots level,improving the capacity of supervisory commission investigation team and so on,through the improvement of the supervisory committee internal systems and mechanisms,strengthen internal use standard and supervision of such investigations,investigative work clearly positioning,and constantly improve the external control mechanism,flow and the cohesion of judicial organs,and work together to promote the investigation in the orbit of rule by law.