Study On Surveillance Lien Measures

On March 20,2018,the supervision law of the People’s Republic of China(hereinafter referred to as the "supervision law")was promulgated and came into force.The "the prescribed time and place" were removed from the historical stage,and the measures of supervision and detention were replaced by the measures of mandatory investigation by supervisory organs to investigate illegal ACTS and crimes committed in the post.Supervisory measures lien has double "execution",on the one hand,the supervision of the lien is the result of "the prescribed time and place" under the rule of law,to solve the shortage problem of the optimum method of "the prescribed time and place",implement the duty crime detection separation,is a major historic progress,strengthening comprehensive law shows our party to the rule of law thinking and way of the rule of law against corruption,comprehensive governing party’s confidence and determination.On the other hand,the measure of surveillance lien has the characteristics of initiative,compulsion and restriction of personal freedom,so it has the same effect as the measure of criminal coercion,which needs to be regulated strictly.At present,there is no systematic study on the measures of surveillance lien in the academic circle,and there is no comparative analysis on the relevant measures of countries and regions outside the region.Singapore and Chinese Hong Kong is the most honest ranked Asian countries and regions,and with the influence of Confucian culture,and anti-corruption agency and supervisory committee belong to a single organization pattern,therefore this article through the analysis of Singapore and Chinese Hong Kong anti-corruption agency power,similar to that of the supervisory committee lien for supervisory measures to improve the path of the lien.The research content of this paper is divided into five parts: the first part is the introduction.This paper briefly describes the research background,research ideas,research methods,domestic and foreign research theories,research content and innovation.The second part is the meaning of monitoring lien measure.Through the theoretical analysis of the relevant concepts,characteristics and nature of surveillance detention measures,and through the comparison of surveillance detention measures with "the prescribed time andplace" and criminal detention and arrest,the meaning of surveillance detention measures is deeply understood.The third part is to monitor the problems of the lien measure.Through the analysis,it is concluded that the measures of supervision and detention have some problems,such as general application conditions,no clear regulation or explanation of supervision and detention place,defects in rights protection and relief procedures of the person subject to detention and arrest,and imperfect supervision and restriction mechanism of supervision and detention.The fourth part is the relevant measures of anti-graft institutions in countries and regions outside the region.By studying the independent arrest power of the Singapore corruption investigation bureau and the arrest and detention measures of the Hong Kong independent commission against corruption,this paper summarizes the effective experience of the surveillance detention measures in China.The fifth part is the perfect way to monitor the measure of lien.In view of the problems existing in the measures of supervision and detention,some Suggestions are put forward,such as detailing the application of the measures of supervision and detention,unifying the sites of supervision and detention,protecting the legal rights of the person under detention,and perfecting the supervision system of the measures of supervision and detention.