Research On The Supervision And Restriction Mechanism Of The Operation Of Supervision Power In China

On March 11,2018,the constitution of the People’s Republic of China established supervisory commissions among state organs,which coexist with legislative,executive and judicial organs.The supervisory organ is a new type of state power supervisory organ which integrates some administrative organs and judicial organs,for its special function setting and the nature of power expansion,must be conducted to the supervisory authority supervision system.The supervision and restriction to the right of supervision include internal supervision and external supervision.As a newly established state organ,the supervision and restriction on it is still in constant improvement.The current situation is as follows: first,the discipline inspection and supervision organs in different regions have different practices in detailing the internal supervision and restriction mechanism,while the "one set of procedures and five mechanisms" implemented by the supervision organs in J province is of great significance for reference.In practice,the internal cadre supervision room,case supervision and management room and case trial room of supervisory organs also play a supervisory and restricting role in the operation of supervisory power.Third,the external supervision and restriction of supervisory power includes five aspects: supervision by party committees,supervision by people’s congresses,supervision by judicial organs,supervision by special supervisors and supervision by the society."Other rocks can attack the jade".The supervision and restriction of the supervision power of the independent commission against corruption(icac)of Hong Kong special administrative region of China and the supervision power of the corruption investigation bureau of Singapore can be regarded as successful models,which can be used for reference in the internal and external supervision of China’s supervisory organs.In view of the problems of supervision and restriction of supervision right in our country,it is necessary to improve it from internal supervision and external supervision.The specific measures include: improving the procedures of handling clues,standardizing the use of investigation measures,strictly using the measures of lien,refining the rules on excluding illegal evidence from supervisory organs,exploring the feedback of the participation of special supervisors in the clues,introducing lawyers to intervene in lien,and expanding the right relief channels of the supervision objects.