Monitoring Of Studies On Lien Measures

The measure of supervision lien(hereinafter referred to as "the measure of supervision lien")is an important part of the reform of national supervision system.According to the "supervision law of the People’s Republic of China"(hereinafter referred to as the "supervision law"),the lien measure is a means of investigation used by the supervisory organs in serious duty violations and duty crimes.The supervision law has fully covered the illegal and criminal ACTS of public officials,making up for the deficiencies in the scope of supervision by the discipline inspection commission and administrative supervision in the past.The supervision law should also constantly refine the provisions on the measures of lien to ensure that the relevant provisions on the measures of lien are operable and instructive in practice.The lien is a measure related to personal freedom.Therefore,the use of the lien should be strictly limited and the restrictive conditions should be set for it.As for the application of lien measures,the principle of proportion should be strictly followed and different lien periods should be set for different types of cases to avoid unnecessary infringement on personal freedom.As for the requirements of the implementation of the lien measures,the minimum standard should be to protect the human rights of the persons under investigation.Lien measures of system design,we must give full consideration to the legitimate rights and interests of people and their families were surveyed,the inspection act has made a regulation to this,but for the lawyer whether intervention program did not mention the lien,the process of change after the inspection act,shall be as important issues were discussed,the scientific implementation of the constitution of the People’s Republic of China(hereinafter referred to as the "constitution")specified in the principle of "respect and safeguard human rights".After the reform of the state supervision system,the jurisdiction of job-related crimes has been integrated and reorganized,which corresponds to the amendment of the criminal procedure law of the People’s Republic of China(hereinafter referred to as the criminal procedure law).Under the operating mechanism of "mutual cooperation and mutual restriction" defined in the constitution,the lien procedure should be timely injected with the concept of rule of law to achieve a strong connection with the judicial procedure.After the case is transferred to the public prosecution organ,the procuratorate should play the two functions of public prosecution and supervision to ensure the legal and effective handling of the case.At the same time,supervisory organs should accept supervision from multiple parties when exercising the lien measures,which requires the "supervision law" to link up with other laws,improve relevant provisions,formulate practical implementation rules,and implement the internal and external supervision.