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

Ren Mei; Liu Tongjun

doi:doi:10.11648/j.ijls.20200304.19

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

Ren Mei, Liu Tongjun

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

Received: 18 November 2020 Accepted: 7 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.

Published in	International Journal of Law and Society (Volume 3, Issue 4)
DOI	10.11648/j.ijls.20200304.19
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), 2020. Published by Science Publishing Group

Keywords

Risk Type, Supervisory Commission, Investigation Procedure, Optimization

References

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[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.
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[8]	Wang Feiyue. On Procedural Issues in Execution of the Supervision Detention [J]. Law Science Magazine, 2018, 39 (05): 36-41.
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[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.
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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://article.sciencepublishinggroup.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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TY  - JOUR
T1  - On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China
AU  - Ren Mei
AU  - Liu Tongjun
Y1  - 2020/12/16
PY  - 2020
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DO  - 10.11648/j.ijls.20200304.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
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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.
VL  - 3
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Author Information

Ren Mei

Secretary of the Principal’s Office, Jiangsu University, Zhenjiang, China
Liu Tongjun

Law School, Jiangsu University, Zhenjiang, China

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Plain Text BibTeX RIS

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

Copy | Download

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

Copy | Download

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

Copy | Download

@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://article.sciencepublishinggroup.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}
}

Copy | Download

TY  - JOUR
T1  - On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China
AU  - Ren Mei
AU  - Liu Tongjun
Y1  - 2020/12/16
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.19
DO  - 10.11648/j.ijls.20200304.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 215
EP  - 220
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.19
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.
VL  - 3
IS  - 4
ER  -

Copy | Download