Investigation And Research On Duty Violation Of The Supervisory Committee

In order to realize the comprehensive coverage of national supervision and ensure that the supervision organs at all levels can effectively perform the anti-corruption function,the supervision law promulgated in 2018 of our country has given the supervision committee the authority to investigate cases of duty violation and duty crime.However,due to the vague provisions of the supervision law,there has always been the problem of unclear power boundary in the investigation of duty violation,which will not only affect the efficiency of the supervision organ in carrying out duty violation investigation in practice,but also provide space for the expansion and even abuse of duty violation investigation authority,and harm the legitimate rights and interests of the investigation object.Therefore,it is necessary to clarify the connotation and denotation of "duty violation",explore the basic connotation of duty violation investigation combined with relevant laws and regulations,clarify the power boundary of duty violation investigation,and provide solutions to the problems in the practice of duty violation investigation.Duty violation refers to the behavior that public officials violate the requirements of laws and regulations in the process of exercising public power,but it has not yet constituted a crime and need to bear responsibility according to law.Therefore,the term "duty violation" must be understood in strict accordance with the literal meaning of the "supervision law" and be confirmed around the scope of "exercise of public power".Therefore,the supervisory organ has the right only to investigate the illegal behaviors of public officials in the process of managing public affairs or performing their duties.It can not investigate the illegal cases of public officials suspected of having nothing to do with the exercise of public power,nor can it apply the relevant measures of duty crime investigation to the duty crime investigation.In addition to clarifying the scope of power of duty violation investigation,duty violation investigation should also operate in strict accordance with the implementation mechanism established in the Supervision Law: the supervision committee must follow the six principles of legality,independence and modesty,determine the investigation object,exercise investigation measures and implement investigation procedures according to law.At the same time,in order to solve the disputes in practice,it is necessary to further standardize the duty violation investigation of the supervisory committee in the aspects of legal system: first,by limiting the expression of relevant laws and regulations,establish a standard to define serious duty violation,and clarify the content of duty violation investigation;Second,to further limit the application of lien measures,to distinguish the lien period between duty violation and duty crime,and to establish a special place for lien;The third is to optimize the investigation team,ensure that the staff with criminal investigation qualification participate in the investigation of duty violation,and distinguish the standard of proof between duty violation and duty crime on the basis of unified evidence collection requirements;The fourth is to moderately introduce external supervision,such as procuratorial supervision,to restrict the investigation of duty violation,and to construct the supervision compensation system to improve the power relief guarantee.