Study On Several Problems Of Lien Measures In Supervision Law Of China

Supervisory system reform is in carry out comprehensive and effective governance,resolutely anti-corruption control policy under a profound reform,which,in the supervisory system reform,measures as the supervisory organ only a lien restricting personal freedom of a personal compulsory measures is taken,is a key ring supervisory system reform,worthy of attention and in-depth research.Lien measure is produced in a certain era,it is a good solution to the "dual regulation measures" problem that has been controversial for a long time,and also plays a certain role in promoting the in-depth fight against corruption in China under the new situation.Due to the short time of lien measures,in the aspect of procedure specification,there will inevitably be some imperfect provisions,it is worth our research to improve,so that lien measures can be better applied.Due to the closure of lien,when applying the lien measure to the mortgagee,we should pay special attention to the protection of the rights of the mortgagee,so as to prevent the abuse of power,damage the legitimate rights and interests of the mortgagee,and prevent their rights from being guaranteed.In addition,it is very important for the supervision law and the criminal procedure law to achieve a better connection between the two measures,both for the supervision lien measure and the criminal enforcement measure.This paper includes three parts:introduction,text and conclusion.The text is divided into four chapters.The first part,this part first has carried on the simple to ray set measures to the evolution of comb,pointed out that lien measures the predecessor of the"two rules","two",on the basis of further analysis of the indwelling measures for "two rules","two",the next for lien measures simply elaborated the basic connotation of the legal;The second part,this part mainly from the lien measures of the application of conditions,the lien measures of the application,preposition procedure for a lien measure,early termination procedure for a lien measure,and on the retrieval of audio and video recordings during a lien of these five aspects to elaborate,through the analysis of these five aspects,some problems in procedure specification of lien measure are pointed out.And put forward these questions and then corresponding to understand and improve the recommendations,in order to the in practice,can make the application of lien measures more standardized.The third part,this part is mainly to discuss the measures of lien on the issue of the detained the guarantee of human rights,to be in a lien rights that is not stipulated in the proposed interposition lien measure,and the lack of lien in lien against necessity under the premise of censorship.And then put forward in practice to speed up the build system of lawyers and as soon as possible the establishment of the lien necessity review system of the solution,in order to better protection of the rights of detained person;The fourth part,which mainly analyzes the connection between the lien measure and the criminal coercive measure,mainly discusses two problems:One is about the connection between the two measures;The other is about the application of the two measures in the supplementary survey.Then the author puts forward some suggestions to improve these two problems.