Research On The Legal Issues Of The National Supervision Committee’s Retaining Measures

The reform of the state supervision system is a major reform in China’s political field in the past two years.The formation of a new democratic system has reshaped the national anti-corruption system and formed a huge network covering almost all public officials.At the same time,the rapid development of the China’s social economy has been made a series of "power corruption" phenomena have emerged.Among them,the lien measures are a new kind of power.The lien measures are typical compulsory measures to restrict personal freedom,which is of great significance to their research.This paper examines the theoretical basis of the retention measure and discusses the legal basis for the retention measure from the source of the retention measure.It is necessary to develop and retain the measure to discuss the correctness of the power given to the committee by the state.Moreover,from the perspectives of functional orientation,investigative efficiency,rights protection,and the rule of law reform of the supervision system,monitoring of detention is neither a mandatory measure in administrative law nor a criminal investigation measure,but a monitoring committee with its own independent power.A unique monitoring measure.Inspecting the attribute analysis of the retention measures,the current powers of the retention measures are unclear,the application conditions are unclear and the monitoring of retention is the most stringent investigation measure,which may have a very large impact on the personal rights of citizens.The national compensation system also The problem that needs to be improved.Dealing with the improvement of the compensation system,it is also urgent to introduce the involvement of lawyers to protect the personal rights of the detainees.Therefore,it is necessary to establish a perfect control system through mechanisms such as procuratorial supervision,judicial review and lawyer intervention,and to reasonably restrict the application of surveillance detention.The last part of this paper is the perfect suggestions for the existing problems of the retention measures.First,the conditions for the application of the retention measures are clear,and the retention measures are better applied.Second,for the retention of power in the area of power exercise,it should clarify the boundaries between the power of supervision and administration and the powers conferred by the Constitution.Third,the lien measures should not evade the lawyer’s involvement.The lawyer’s intervention can play an anti-corruption role under certain conditions.The fourth is to improve the state compensation system.To sum up,the obligatory authority for compensation for violation of powers should include the organ of the State Supervision Commission,which can fully realize the rights relief for the object of supervision.