On The Measures Of Lien In The Supervision Law

The newly issued supervision law endow the supervisory commission with a new power,that is,the right to use the measure of lien.Inspect from the Angle of the study,the author found that the supervisory committee of lien,already has a similar to the arrest of a criminal action steps to limit the personal freedom of the mandatory properties,and is similar to the detention measures during the corresponding measures for case-handling organ can still be compulsory measures are taken to investigate the survey properties,at the same time as lien measures in terms of decision,execution is conducted by the supervisory board system,on this point and the administrative attribute,therefore measures is a lien both administrative and criminal mandatory supervision measures.Lien measures is necessary,first of all,most of the interest incomes of corruption cases are state functionaries,and this part of the national business contact for a long time,the basic working process also to have certain understanding,anti reconnaissance ability is stronger,crime generally are concealed,high-end,case complicated is not easy to be detected;Second,the procuratorial organs in the process of investigating corruption cases are often under the control of the application of the criminal procedure law is limited,can only turn to seek help from discipline inspection commission,and "detained" in the applicable process problems and safeguard human rights in conflict,and the optimum method of deficiency,lien measures,not only broke through the bondage of criminal proceedings,also make up for the deficiency of the "strong",detection plays an important role of corruption cases.This paper first defines the nature of the lien measures,then analyzes the shortcomings of the existing laws,and then puts forward its own ideas for improving the lien measures to better apply to practice.Prose are as follows:Part I: by comparing the "property law","security law" and the people's police law of the "lien" understand "inspect" the basic meaning of measures of lien,and then by analyzing the measures and "detained" lien,arrest,detention in the criminal procedure law is concluded lien nature of the measures,the other shows the necessity of the lien measures.Part II: the basic principles to be followed in the process of the application of the lien measures,as well as the legislative analysis of the subject of the right,constitutive elements and procedural elements of the lien measures,and the academic discussion of the relevant contents.Part III: put forward some ideas without violating the basic principles of the application of the lien measures,hoping to further improve the lien measures from the aspects of constitutive elements,procedural conditions and supervision.Committed to the lien measures in practice to be standardized application.