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On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China
International Journal of Law and Society
Volume 3, Issue 4, December 2020, Pages: 215-220
Received: Nov. 18, 2020; Accepted: Dec. 7, 2020; Published: Dec. 16, 2020
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Authors
Ren Mei, Secretary of the Principal’s Office, Jiangsu University, Zhenjiang, China
Liu Tongjun, Law School, Jiangsu University, Zhenjiang, China
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Abstract
The Supervisory Committee is an important part of China's criminal justice reform. The investigative power of the Supervisory Committee has attracted many people's attention. It established a single-track investigation system that integrates party discipline investigation power, political discipline investigation power and criminal investigation power. This system confuses the boundaries and differences of the three types of investigations, reduces the level of legalization of criminal investigations, and makes criminal investigations with investigative nature not restricted by the Criminal Procedure Law, nor can they provide the person under investigation with a minimum Procedure guarantee. In the present investigation procedure, there are some hidden risks in the right to defense by attorney, coercive measures, supervision by procuratorate and the possible formation of supervisory centralism. The investigation procedure of supervisory committee should be optimized through internal control and external supervision, so as to prevent legal risks in the investigation operation of supervisory committee. From an internal point of view, internal control should be strengthened, especially the supervision of the People’s Congress over the power of investigation procedures. In China, as a legal supervision agency, the procuratorate is also expected to play a greater role in restraining and balancing the supervision committee. From an external point of view, we must focus on the role of lawyers, especially in protecting the lawyer's right to defense.
Keywords
Risk Type, Supervisory Commission, Investigation Procedure, Optimization
To cite this article
Ren Mei, Liu Tongjun, On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China, International Journal of Law and Society. Vol. 3, No. 4, 2020, pp. 215-220. doi: 10.11648/j.ijls.20200304.19
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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