International Journal of Law and Society

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On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China

Received: 18 November 2020    Accepted: 07 December 2020    Published: 16 December 2020
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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.

DOI 10.11648/j.ijls.20200304.19
Published in International Journal of Law and Society (Volume 3, Issue 4, December 2020)
Page(s) 215-220
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Risk Type, Supervisory Commission, Investigation Procedure, Optimization

References
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[2] Wu Jianxiong. Logic and Principle of Rule by Law of State Supervision System Reform [J]. Journal of Central South University (Social Sciences), 2017, 23 (04): 1-7.
[3] Chen Weidong. Researches on Several Issues Relating to Investigative Procedure of Duty-related Crime Supervision [J]. Political Science and Law, 2018, (01): 19-27.
[4] Bian Jianlin. Cooperation and Restriction: The Connection between Supervisory Investigation and Criminal Procedure. Studies in Law and Business, 2019, (01): 15-22.
[5] Li Haifeng, Yang Yuhua. Reconsidering the Coordination and Connection between Supervisory Investigation and Criminal Procedure [J]. Journal of Southwest Minzu University (Humanities and Social Science), 2019, (04): 85-90.
[6] Xu Minghui. Research on the investigation right of duty crime in the supervisory committee [D]. Fu Jian, Huaqiao University, 2018.
[7] MA Huai-de. Further Discussion on the Main Issues in the Legislation of National Supervision [J], Administrative Law Review, 2018 (01): 3-15.
[8] Wang Feiyue. On Procedural Issues in Execution of the Supervision Detention [J]. Law Science Magazine, 2018, 39 (05): 36-41.
[9] Zhang Jianwei. Supremacy of Supervision or Separation of Three Supervision: Analysis of the Allocation of New Supervision Power in the State Power System [J]. Journal of CUPL, 2018, (01): 170-180+209.
[10] Qin Qianhong. The Constitutional Orientation of Supervisory Organs in China Centers on the Relationship between State Organs. Peking University Law Journal, Vol. 30, No. 3 (2018) pp. 555-569.
[11] Peng Jianming. On Improvement of Supervision Law Avoidance System from Carelessness to Precision: A Perspective of Crime Control Models [J]. Journal of Guangxi Police College, 2018, 31, (06): 1-6+137.
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[13] Qin Qianhong, Li Lei. Constitutional Reflection on Reform of Supervision System [J]. The Journal of Jiangsu Administration Institute, 2017, (03): 121-129.
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Author Information
  • Secretary of the Principal’s Office, Jiangsu University, Zhenjiang, China

  • Law School, Jiangsu University, Zhenjiang, China

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  • APA Style

    Ren Mei, Liu Tongjun. (2020). On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China. International Journal of Law and Society, 3(4), 215-220. https://doi.org/10.11648/j.ijls.20200304.19

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    ACS Style

    Ren Mei; Liu Tongjun. On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China. Int. J. Law Soc. 2020, 3(4), 215-220. doi: 10.11648/j.ijls.20200304.19

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    AMA Style

    Ren Mei, Liu Tongjun. On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China. Int J Law Soc. 2020;3(4):215-220. doi: 10.11648/j.ijls.20200304.19

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  • @article{10.11648/j.ijls.20200304.19,
      author = {Ren Mei and Liu Tongjun},
      title = {On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China},
      journal = {International Journal of Law and Society},
      volume = {3},
      number = {4},
      pages = {215-220},
      doi = {10.11648/j.ijls.20200304.19},
      url = {https://doi.org/10.11648/j.ijls.20200304.19},
      eprint = {https://download.sciencepg.com/pdf/10.11648.j.ijls.20200304.19},
      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.},
     year = {2020}
    }
    

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    AB  - 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.
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