On The Regulation Of Due Process Of Supervision Detention

The detention measure in the supervision investigation,as the sole compulsory measure which can be used to restrict the respondent’s freedom,has an irreplaceable and important role.The promulgation of the Supervision Law makes it possible for the detention measure to be applied based on the legal system foundation.The principle of due process is of great significance as one of the principles of the design and operation of the supervision detention.It can limit the arbitrary exercise of the power of supervision and prevent arbitrary violation of individual rights.At this stage,the operation of the supervision system is an emerging field.To build a long-term mechanism that “dare not to rot,can not rot,and do not want to rot”,it is necessary to rely on both entities and procedures.The design of procedural matters is inseparable from the guidance of the principle of due process,and it is necessary to use the due process as the basis to realize the legitimacy of entities and procedures.This article is based on the relevant provisions on detention measure in the current legal norms,and based on the practical experience of the reform of the supervision system,by explaining the basic connotation of due process and its necessity in the field of supervision and detention,it is summarized,in the law from the perspective of due process,the practical difficulties in the process of detention and conduct an in-depth analysis of its causes,with a view to proposing feasible suggestions for regulating the operation of detention measure in the Chinese context.For the problem of imperfect design of the detention procedure,it should be recognized that the restrictions imposed on actual basic rights should all comply with the due process,accept the regulation of due process,and clearly and specifically stipulate the conditions for the application of detention,strictly distinguish the standard of applying detention measure between serious duties illegal and duty crimes,establish a special detention place and reasonably determine how long the detention can last;in order to make up with the situation that the detainee’s rights are not protected well,the detainee should be given the right to make a statement and allow them to get help from a lawyer during the detention,In addition,the national compensation and other post-relief procedures should be improved;regarding the lack of supervision of the detention process,the internal supervision and external restrictions on the detention measures should be strengthened to prevent the abuse of supervisory powers,so that the detention measures can give full play to its effect and take into account human rights protection while combating corruption.