The Rights Of The Respondents In Monitoring Activities

After the supervision system reform;the supervisory authority replaced the investigators' suspected duty violations and crimes to supervise the past disciplinary activities,administrative supervision activities and the crime investigation activities carried out by the procuratorate.As a special task set up for the construction of clean government and anti-corruption work,the Supervisory Committee has been given the powers of supervision,investigation and disposal.The reform has strengthened the supervision of all public officials exercising public power,and the public officials have more standardized exercise of public power.And clean.However,the reform pays insufficient attention to how to protect the legal and basic rights of the respondents.The respondents are absolutely weak in the monitoring activities,and this monitoring system reform has reduced the rights of the respondents while expanding the power of supervision.In particular,the monitoring of the retention measures is due to its characteristics,causing its procedures to respondents.The possibility of violation of rights is extremely high.To solve the problem of the rights protection of the respondents,we should first clarify the nature of the monitoring activities,analyze the connotation and extension of the rights of the respondents,and the problems existing in the current monitoring practice.The main problems at present are that the monitoring evidence is imperfect.Second,the respondents have insufficient rights to remedy in the monitoring activities.Third,the restrictions on the supervision of the retention procedures are insufficient.Fourth,the lawyers are excluded from the monitoring activities.In the relevant international conventions,the Hong Kong ICAC system,the United States,France and Sweden surveyed people's rights protection system after the study of the following points of reference:First,the measures to restrict personal freedom should establish a judicial review system;The respondent pleads guilty to the crime;the third is that the lawyer should be involved in the monitoring activities to protect the rights of the respondent;the fourth is to improve the application of the rules of evidence.Therefore,this paper puts forward the following suggestions for improving the rights protection system of respondents in China s monitoring activities:on the basis of insisting on the importance of the rights protection of the respondents,the first is to improve the supervision of the lien;the second is to set up the supervision lawyer s duty system,so that lawyers Interventional monitoring activities;third,improve the rules of monitoring evidence and the application of rules for the exclusion of illegal evidence;fourth,improve the supervision system for the ombudsman.