Research On Detention Measures Of Supervision Organs

The 2018 amendment to the Constitution of the People's Republic of China(hereinafter referred to as "the Constitution")formally granted the status of state organs of the Supervisory Commission.At the same time,the promulgation and implementation of the "Supervision Law of the People's Republic of China"(hereinafter referred to as the "Supervision Law")has given the supervision committee investigation power,and has clarified 12 specific investigation measures including lien and inquiry.As an anti-corruption measure to replace "double regulation",lien measures set off an upsurge of academic discussion.As a new weapon to investigate and punish corruption,lien measures shoulder more important legal responsibilities and are also a major step forward for the Party and the state to use the thinking of the rule of law to govern corruption.Therefore,it is an indispensable problem in the supervision system reform to study the detail of the detention measures.Firstly,the basic connotation of the lien measure is discussed,and the lien measure is qualified by comparing with the "double rule" and "double finger".After clarifying the nature of the detention measures,further clarify the implementation of the subject and the applicable object.Fully understand the procedures for the approval of the application of detention measures and guarantee the rights of the persons under investigation.Secondly,the concrete application of detention measures is discussed.The application of lien measures not only needs to conform to legal norms,but also needs to follow the basic principles of the Constitution and the law.On the one hand,the application of basic principles can make up for the inadequacy of legal norms,and on the other hand,it can provide important guidance for the application of detention measures.In addition,the author analyzes the typical case,analyzes and summarizes the applicable place of the detention measures,the duration of the detention measures and the connection between the detention measures and the "Criminal Procedure Law",summarizes the problems existing in the current practice of the detention measures and puts forward its suggestions for perfection.Thirdly,it is to explore the protection of the rights of the detainees.As a measure restricting personal liberty,the detention measure protects the rights of the person under investigation and his or her family against infringement.From the basic human rights of the detainees as a starting point,the lawyers 'right to intervene,the relief when the rights are violated,and the state compensation are detailed.Finally,the restriction and supervision of the supervision committee is mainly divided into internal supervision,external supervision and supervision of the People's Procuratorate.Internal supervision is to set up a special department under the supervision organ to supervise the approval and application of detention measures;External supervision includes: supervision of the people,supervision of the society,supervision of lawyers,etc..The supervision of lawyers has become an important force in external supervision;Third,people's procuratorates,as special legal supervision organs,how their supervision functions can be exercised in the application of lien measures.