A Study On Applicable Conditions Of The Supervision Detention

The object of this paper-"applicable conditions of the supervision detention"-refers to the provisions in Article 22 of “the Supervision Law of the People’s Republic of China”（hereinafter referred to as "supervision law"）promulgated and implemented on March 20,2018,which is the legal conditions that law enforcement agencies,namely the supervision committee,need to follow when exercising the supervision power to apply detention to the investigated.Since the beginning of China’s supervision system reform,the whole process has been in full swing and fruitful,accumulating a large number of advanced experience of anti-corruption by law for the party and the state.However,the "supervision law" is just coming out,which inevitably leads to a slight lack of security in the legal text.Therefore,when it is put into practice,it gradually reveals some contradictions.This paper intends to analyze the problems revealed by the applicable conditions of supervision detention.With the help of literature research,comparative analysis and other methods,on the basis of reference to the results of similar supervision organizations outside the region,it puts forward corresponding suggestions for the solution of relevant problems.The first part is about the introduction.Through three cases,this part put forward the problems to be studied in this paper,and summarizes and comments on the existing literature related to the applicable conditions of supervision detention,and this part also clarifies the research methods of this paper.The second part is the overall system of applicable conditions of the supervision detention.First of all,the theoretical premise of this study needs to be clarified,that is,the power attribute,definition,nature and predecessor of the supervision detention,etc.,at the same time,this part emphasizes the difference between the supervision detention and the criminal compulsory measures.Then,it expounds the applicable conditions of supervision detention and classifies it.In the end,this part introduces the applicable procedure of the supervision detention,clarifies the difference between the applicable conditions and the applicable procedures,for meeting applicable conditions is the premise of starting applicable procedures.The third part details the specific problems and reasons of the application conditions of supervision detention in theory and practice,and integrates with the investigation of the experience outside Hong Kong,Singapore and other regions.It points out that the four major problems existing in the application conditions of supervision detention at present are: the lack of clarity of legal provisions;the wide scope of application conditions;the contradiction of single choice of application;the lack of application conditions Department review.This paper analyzes the embarrassing situation caused by these four problems,and explores the deeper crux.The fourth part is the path to improve the applicable conditions of supervision detention.In view of the problems and reasons analyzed above,four suggestions are put forward: to further clarify its provisions and norms;to carefully identify the conditions of the applicable objects;to construct a hierarchical application system of retention;to add external review of the applicable conditions.