Jurisprudence Analysis on the Investigative Power of Supervisory Committee

Qin Yuanyuan

doi:doi:10.11648/j.ijls.20200304.13

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Jurisprudence Analysis on the Investigative Power of Supervisory Committee

Qin Yuanyuan

Published in International Journal of Law and Society (Volume 3, Issue 4)

Received: 14 October 2020 Accepted: 29 October 2020 Published: 9 November 2020

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Abstract

The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.

Published in	International Journal of Law and Society (Volume 3, Issue 4)
DOI	10.11648/j.ijls.20200304.13
Page(s)	168-171
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

Supervisory Committee, Power of Investigation, Jurisprudence

References

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[3]	Wu Kejiao. On the Enlightenment of Montesquieu's Thought of the Separation of Powers to my country's Power Check and Balance. Journal of Jiamusi Vocational Institute, No. 8, 2018.
[4]	Chen Yu. The "right" of power or the "power" of right-analysis of the relationship between power and right. Forward Position, No. 1, 2009.
[5]	Liu Yanhong. Examination and exclusion of illegal evidence in duty crime cases: in the context of the "Supervision Law" and the "Criminal Procedure Law". Law Review, No. 1, 2019.
[6]	Xu Hanming. A Probe into the Attributes of State Supervision Power. Law Review, No. 1, 2018.
[7]	Li li. On the Reasonable Construction of my country's Investigation and Supervision System. Law Science Magazine, No. 3, 2009.
[8]	Fan Chongyi. Interpretation of the latest amendments to the Criminal Procedure Law in 2018. China Law Review. NO. 6, 2018.
[9]	Zheng Junxian. On the Investigation Power of the Board of Supervisors. China Law Review, No. 4, 2017.
[10]	Tong Zhiwei. A strategy to bring the reform of the supervision system into the track of the rule of law. Law Science, No. 12, 2016.
[11]	Hong Hao, Zhu Liang. Lien of the Supervisory Commission: power attributes, operational principles and procedures. Journal of Gansu Political Science and Law Institute, No. 2, 2019.
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APA Style

Qin Yuanyuan. (2020). Jurisprudence Analysis on the Investigative Power of Supervisory Committee. International Journal of Law and Society, 3(4), 168-171. https://doi.org/10.11648/j.ijls.20200304.13

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ACS Style

Qin Yuanyuan. Jurisprudence Analysis on the Investigative Power of Supervisory Committee. Int. J. Law Soc. 2020, 3(4), 168-171. doi: 10.11648/j.ijls.20200304.13

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AMA Style

Qin Yuanyuan. Jurisprudence Analysis on the Investigative Power of Supervisory Committee. Int J Law Soc. 2020;3(4):168-171. doi: 10.11648/j.ijls.20200304.13

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@article{10.11648/j.ijls.20200304.13,
  author = {Qin Yuanyuan},
  title = {Jurisprudence Analysis on the Investigative Power of Supervisory Committee},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {168-171},
  doi = {10.11648/j.ijls.20200304.13},
  url = {https://doi.org/10.11648/j.ijls.20200304.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.13},
  abstract = {The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.},
 year = {2020}
}

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TY  - JOUR
T1  - Jurisprudence Analysis on the Investigative Power of Supervisory Committee
AU  - Qin Yuanyuan
Y1  - 2020/11/09
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.13
DO  - 10.11648/j.ijls.20200304.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 168
EP  - 171
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.13
AB  - The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.
VL  - 3
IS  - 4
ER  -

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Author Information

Qin Yuanyuan

School of Law, Jiangsu University, Zhenjiang, China

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APA Style

Qin Yuanyuan. (2020). Jurisprudence Analysis on the Investigative Power of Supervisory Committee. International Journal of Law and Society, 3(4), 168-171. https://doi.org/10.11648/j.ijls.20200304.13

Copy | Download

ACS Style

Qin Yuanyuan. Jurisprudence Analysis on the Investigative Power of Supervisory Committee. Int. J. Law Soc. 2020, 3(4), 168-171. doi: 10.11648/j.ijls.20200304.13

Copy | Download

AMA Style

Qin Yuanyuan. Jurisprudence Analysis on the Investigative Power of Supervisory Committee. Int J Law Soc. 2020;3(4):168-171. doi: 10.11648/j.ijls.20200304.13

Copy | Download

@article{10.11648/j.ijls.20200304.13,
  author = {Qin Yuanyuan},
  title = {Jurisprudence Analysis on the Investigative Power of Supervisory Committee},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {168-171},
  doi = {10.11648/j.ijls.20200304.13},
  url = {https://doi.org/10.11648/j.ijls.20200304.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.13},
  abstract = {The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Jurisprudence Analysis on the Investigative Power of Supervisory Committee
AU  - Qin Yuanyuan
Y1  - 2020/11/09
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.13
DO  - 10.11648/j.ijls.20200304.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 168
EP  - 171
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.13
AB  - The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.
VL  - 3
IS  - 4
ER  -

Copy | Download