| The detention measure is a new way of power execution in the reform of national supervision system,and also a compulsory measure involving citizens' personal freedom.The Supervisory Law of China has been formally promulgated and implemented,which clearly entrusts the Supervisory Committee with three duties of supervision,investigation and disposal according to law.It stipulates that the Supervisory Committee may adopt 12 measures such as conversation,interrogation,inquiry,freezing,acquisition,seizure,seizure,search,inspection,appraisal and detention.As a key link in the anti-corruption of the rule of law,how to establish more reasonable and scientific detention measures in legislation so that it can not only fully play the role of investigating and supervising the illegal and criminal activities of public officials,but also effectively protect the legitimate rights of the detainees? This has become a hotspot of general concern in the current academic circles.This paper includes three parts: introduction,body and conclusion.The text is divided into four chapters.The first chapter is "the ontological development of the lien measures".This chapter mainly introduces the connotation,characteristics and legislative principles of lien measures.In interpreting the connotation of lien measures,this paper analyses its origin,evolution and legal connotation,discusses the influence of the practical application of the "two rules" of the former Disciplinary Commission and the "two fingers" of administrative supervision on the establishment of lien measures,and compares the different connotations of the legal provisions containing the word "lien" in the current laws of our country in their respective contexts.In the analysis of the characteristics of detention measures,it summarizes the three characteristics of national supervision,initiative and personal compulsion.In discussing the legislative principles of lien measures,it summarizes the principles of checks and balances of power,human rights protection,procedural justice and litigation efficiency.The second chapter is "the concrete application of the lien measures".This chapter makes a thorough study on the subject,object,procedure,period of application and place of execution of the lien measures,and explores the applicable conditions and actual operation of the existing lien measures on the track of the rule of law.The third chapter is "the problems existing in the practice of detention measures".The paper points out that there are four problems in the investigation and handling of cases by the Supervisory Committee,such as unclear nature,unreasonable procedure,imperfect restriction mechanism and inadequate legal remedies,and deeply analyses the importance and necessity of solving these problems.Chapter ? is "the idea of improving the path of retention measures".In view of the above four aspects,the paper puts forward feasible and perfect countermeasures,that is,to clarify the legal attributes of the lien measures,to rationally determine the procedures of the lien measures,to improve the restriction mechanism and relief ways of the lien measures,so as to clarify the reasonable connection between the lien measures and the relevant legal systems such as criminal proceedings,and to make it practical by improving the reasonable operation procedures,restriction mechanisms and relief ways.Guarantee the legitimate rights and interests of the detainee. |
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