Study On The Application Of Lien Measures In Supervision Organs

With the promulgation of the Supervision Law,lien measures emerge as the times require.It is of great significance to study the application of lien measures.The application of lien measures is administrative,compulsory,active and exclusive.In the current law,the application of lien measures lacks detailed norms in the aspects of proof standard,human rights protection,supervision mechanism and rights relief.Therefore,the study on the application of lien measures can better regulate the application of lien measures,prevent the abuse of lien measures,improve the efficiency of handling cases,provide help for anti-corruption work,and promote the legal and orderly operation of the national supervision power.This paper mainly studies the application of detention measures in supervisory organs.The article is divided into six chapters to systematically elaborate the relevant content of the application of lien measures.The first part is an overview of the application of lien measures.This paper introduces the concept of detention measures and the orientation of power source analysis of detention measures,expounds the historical evolution process of detention measures through horizontal comparison of "double regulations",and analyses the general provisions and attributes of the application of detention measures.The second part is about the standard of proof for the application of lien measures.As for the standard of proof applicable to the lien measures,this paper analyses the general provisions and the treatment methods that do not conform to the standard of proof.In addition,it points out the problems existing in the lien measures,and provides the direction for the optimization of the standard of proof applied to the lien measures.The third part deals with the procedural issues concerning the application of lien measures.The application procedure of the lien measure is summarized,and the relevant elements of the application procedure,such as time limit,place,defense procedure and so on,are elaborated.The fourth part is about the supervisory mechanism for the application of lien measures.The supervision of detention measures is an indispensable part in the application process.This part finds out the deficiencies in the supervision of detention measures by analyzing the internal and external supervision mechanisms of the present detention measures in the application process.The fifth part,the right relief and accountability mechanism applied to lien measures.The right relief is mainlybased on appeal and state compensation,and the prosecution,as a supervisory function,is discussing the accountability mechanism applicable to the lien measures.The sixth part is the countermeasures to improve the application of retention measures.This part aims at the problems existing in the application of the detention measures proposed above,and puts forward some countermeasures.From the four aspects of proof standard,procedure perfection,supervision mechanism,right relief and accountability,this paper puts forward countermeasures and suggestions for improving lien measures.Perfecting lien measures plays an extremely important role in punishing corruption and promoting the standardization of supervision system to the rule of law.