Jurisprudence Analysis on the Investigative Power of Supervisory Committee

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.