On The Coordination And Restriction Between Supervisory Commissions And The Public Security Organs,Procuratorates,Courts In The Process Of Exercising The Supervisory Power

With the deepening of the reform of the supervisory system,the Supervisory Commission has become the backbone of the national supervisory system,exercising supervisory power in accordance with the law over all public officials who exercise public power,it marks the birth of a new form of state power organization of "One government,one committee and two chambers"in China.The Supervisory Commission is equal in legal status to the courts,procuratorates and public security organs,and is endowed with independent supervisory powers by the Constitution,it is of great significance to push forward the anti-corruption struggle,improve the state power structure,realize the unified advancement of ruling the party and state by law,and enhance the system and theory self-confidence.Then why the constitutional provisions of "Mutual cooperation","Mutual constraints"model of how to understand?What advantages does this model have over the model of one party leading the other parties to cooperate or not interfere with each other,what has been achieved by state supervision under this model,and what is being done to promote cooperation and restraint among the four organs,in this paper,we will discuss from the above angles,and comb the coordination and restriction relationship between supervisory commissions and the Law of public security and procuratorial organs,discuss and think over the parts with unclear regulations and authority,and try to make a little contribution to the reform of the national supervision system.The supervisory power of supervisory commissions has three powers corresponding to the procedure of handling cases,namely,three powers of supervision,investigation and disposal,it intersects,links and overlaps with the work of the Public Security Bureau,the courts and the procuratorates in terms of content and power allocation.The Internal Supervision Department of the Court has been retained in the reform of the supervision system,and the establishment of the supervision committee is a kind of heteronomy supervision,which forms the double supervision to the court with the internal supervision of the court.Although the supervisory ability of the commission to supervise the judicial power of the courts has been strengthened with the reform of the office of Discipline Inspection and joint inspection,the court,as a judicial organ,still effectively restricts the commission in the aspect of review,since the People’s Court is the legal judiciary for the exercise of trial and sentencing powers,the activities of the commission can be monitored externally through a comprehensive review of the case and a final conviction or acquittal.The cooperation between supervisory commissions and the Court is embodied in two aspects,one is the supervision of the jurisdiction,the other is the cooperation in the process of handling cases.supervisory commissions supervises the procuratorates by supervising the activities of the staff of the procuratorial organs and supervising the activities of the procuratorates in addition to their statutory duties.With regard to the restriction of the supervisory commission by the Public Prosecutor’s office,the new regulation of the investigative power has separated the anti-official crime business from the public prosecutor’s office,weakened the supervisory function of the public prosecutor’s office,and with the transfer of investigators,the investigative force deployed by the public prosecutor’s office has weakened,however,the public prosecutor’s office can still check supervisory commissions by reviewing the prosecution process,in addition,the public prosecutor’s office can check supervisory commissions’s powers by reviewing evidence and consulting and supplementing with supervisory commissions on insufficient evidence.The cooperation between supervisory commissions and the Procuratorate is manifested in the procedure of intervening in advance,returning to the supplementary investigation,taking compulsory measures,etc..It is difficult to realize the restriction of the Public Security Bureau to the supervision commission from the relevant parts of the supervision law only,because the Public Security Bureau involved is almost all one-way assistance and cooperation,which is closely related to the nature of its executive organ,it is embodied in the coordination of Investigation Power and investigation power,the coordination of case transfer procedure,and the assistance of detaining measures by public security organs.At this stage,supervisory commissions and the Public Prosecutor’s law are based on the requirements of the "Criminal procedure"and the "Supervision Law".The four focus on mutual coordination,with supervisory commissions as the main body,and other organs cooperating and assisting in the detection of corruption,is the current anti-corruption and malfeasance national will requirements.In the future,we should amend the criminal procedure law,the administrative procedure law and other laws and regulations to form a more balanced mechanism of division of labor,Cooperation and restriction.