The Study Of The Measures Of Supervision Detention In China

The supervisory detention measures is a new supervisory enforcement measure which restricts personal freedom.This is not only the latest achievement of the reform of the supervision system,but also the most core and powerful means of investigation in the supervision law.Its nature has independence,different from administration measures,criminal compulsive measures?From the perspective of the content of the supervision detention measures,it not only strictly stipulates the applicable conditions and operational procedures,but also emphasizes the protection and relief of the rights of the person with detention.This shows the ruling party's determination to face up to the institutional and legal limitations of the previous anti-corruption mechanism.Therefore,in order to resolutely fight against corruption and realize the unification of rule of law and protection of rights and interests,we should pay attention to the regulation of supervision detention measures in the exploration of the system of power supervision.In general,the current provisions of the supervision law only preliminary implementation of the detention measure "there is law to follow",just in the beginning of the rule of law,in the process of exercise may appear many problems.For example,it does not distinguish the term of detention,operational procedures,details are not specific,there is a lack of lawyers in human rights protection and the provisions on the connection with judicial procedures are unclear.In order to bring the measures of supervision and detention under the rule of law and better realize the purpose of anti-corruption,it is suggested to increase the legal interpretation or regulations,distinguish the period of detention according to the nature of the case,improve the details of the operation procedure,strengthen the protection of the rights of the person with detention,and reasonably connect the measures of supervision and detention with the criminal procedure.