Research On The Protection Of The Rights Of The Persons Under Investigation In Supervisory Investigation Activitie

The promulgation and implementation of the supervision law marks the successful completion of the reform of the supervision system in our country.This reform centralizes the party’s disciplinary procuratorial power,the Procuratorate’s power to investigate job-related crimes and administrative supervision,which are uniformly exercised by the supervision committee and bound by the supervision law.This reform is not only conducive to the centralized,unified and efficient exercise of anti-corruption resources,but also plays a great role in promoting the current severe anti-corruption situation in our country.However,as the current reform is still in the initial stage,in the face of such powerful power,how to protect the basic rights of the respondents has become the top priority.At present,the protection of the rights of the investigated by supervision activities mainly includes the basic rights of the investigated,such as the right to relief and the right to a lawyer’s defense.There is no clear provision on how to use the evidence rules during investigation and evidence collection.There is a lack of corresponding institutional regulation on the supervision of supervision power and the specific application of lien measures.The existence of these problems have different degrees of impact on the protection of the basic rights of the investigated in the process of supervision and investigation.Then,how we should comprehensively consider the protection of the rights of the respondents from all angles has become the key to our solution.By referring to and drawing lessons from the relevant respondent systems of various countries and regions outside the territory,including the provisions of international conventions on the protection system of the rights of the respondent,the Independent Commission Against Corruption System In Hong Kong of China and the protection system of the rights of the respondent in the United States,we can improve the relevant systems of supervision activities in our country.Therefore,this paper puts forward the following suggestions to improve the protection system of the rights of the investigated in China’s supervision activities: first,protect the legitimate rights and interests of the investigated,mainly including the right to defense and relief;The second is to improve the relevant evidence rules applicable in supervision activities.Specifically,we can expand its scope to set a reasonable gradient for its proof standard,determine the exclusion scope of its illegal evidence standard and determine the subject of the exclusion subject of illegal evidence;The third is to improve various mechanisms,mainly including the construction of the supervision committee’s restriction and supervision mechanism on the exercise of investigation power and the improvement of the mechanism of monitoring lien measures.