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Study On The Connection Between Supervision And Retention Measures And Criminal Coercive Measures

Posted on:2020-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2416330578953666Subject:Law
Abstract/Summary:PDF Full Text Request
In November 2016,the central government decided to set up supervisory committees at all levels in Beijing,Shanxi and Zhejiang provinces and cities to carry out pilot reform of the supervisory system,which has also been under way for nearly three years.In the reform of supervision system,as an important means in the investigation of cases,the new retention measures play an important role in strengthening the anti-corruption efforts.However,in the past two years,there are still some problems in the retention measures,which need to be properly solved in order to give full play to its anti-corruption power.For example,in the case of lien,it is difficult to protect the related rights and interests of the subject during the period of lien because the retention time is too long.In addition,stay The measures are too closed,and there are a lot of ambiguities in the pilot phase,which cannot effectively link up with the criminal coercive measures,which leads to inefficient supervision and investigation,resulting in huge waste of human and financial resources.To a certain extent,the supervision and investigation work has been restricted.Although the procuratorial organs have made efforts to reform the working mechanism of "the integration of arrest and prosecution" in order to deal with the related problems such as supervision and retention,the problem of convergence of the relevant measures has not been thoroughly resolved.This article starts from the one-way connection conversion between retention measures and criminal coercive measures,mainly around the process of convergence,such as standardized disposal of the release of retention measures,Fu We will give the supervisory commission criminal detention,arrest and initiate(recommend)the right of arrest and other multi-ways to achieve convergence,improve the internal hearing mechanism of supervisory organs,and attach importance to the mechanism of early intervention and supervision.The related problems of legal relief after the connection between retention measures and criminal coercive measures are discussed.The author proposes to solve a series of problems in the process of carrying out withholding measures through manyeffective measures,multi-ways and multi-dimensions,so that the retention measures can show more vitality in the process of anti-corruption.
Keywords/Search Tags:supervisory lien, criminal proceedings, coercive measures, legal status, two-track system
PDF Full Text Request
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