A Study On The Procedure Of Supervising Organs’ Lien Delegates

China implements the people’s congress system.In order to protect the independence and full performance of deputies to the people’s congresses,China’s laws stipulate that people’s deputies have the right to special personal protection.For the deputies to the people’s congresses at or above the county level,if they take compulsory measures that restrict personal freedom as prescribed by law,they must obtain permission from the presidium of the people’s congress at that level or the standing committee of the people’s congress.Disciplinary inspection departments and administrative supervision departments used to require people’s congress deputies to explain the circumstances of the case at the prescribed time and place according to the disciplinary inspection regulations and administrative supervision laws.After the reform of the national supervision system,in order to achieve the purpose of "two regulations" rule of law,the "Law of the People’s Republic of China" designed a lien system.The lien measure,as the only investigative measure for personal liberty of the Supervisory Committee,replaces the original criminal coercive measures such as criminal detention,designated residential surveillance,and arrest.This article first clarifies that the lien measure is a compulsory measure restricting personal liberty stipulated by law.The supervisory organs shall adopt lien measures against deputies to the People ’s Congress and shall not violate the personal protection system of the People ’s Congress deputies of the Constitution of the People ’s Republic of China and the Law of the People ’s Republic of China.The second part of the article is to sort out the status quo of legislation and practice of the procedure of detaining the deputies of the people’s congresses by the supervisory authorities.Existing laws do not make it clear that the detention of deputies to the people’s congress by the supervisory authority must be approved by the presidium of the people’s congress or the standing committee of the people’s congress.Whether the detention of the people’s congress deputy by the supervisory authority should be approved by the people’s congress and its standing committee must be resolved through legislation,and the special personal protection right of the people’s congress representative may be guaranteed.In the third part of the article,the actual dilemma of the procedure of detaining deputies to the People’s Congress by the supervisory authorities is analyzed.The lack of clear and detailed specifications for the procedures of the supervisory organs’ detention of deputies to the people’s congresses has led the supervisors to ignore the principle of proper procedures in order to pursue work efficiency,and the legitimate rights of deputies to the deputies have not been properly protected.Before the lien measures were taken against NPC deputies,there was no procedure for the supervisory organs to apply for lien to the NPC deputies;in the process of detaining NPC deputies,the supervisory organs lacked lawyers or other agencies to intervene in the supervision;in the case of duty crimes,the connection between the lien procedures and judicial procedures was lacking The law stipulates that the procuratorate’s re-compulsory measures against NPC deputies have repeatedly applied for permission from the NPC.At the end of the article,based on the previous analysis of the procedure of detaining deputies to the National People’s Congress,suggestions are made for improvement.In the future supervisory reform process,it is necessary to clearly specify that the supervisory organs must detain the people’s congress deputies to perform special procedures,and it is also necessary to design detailed and operational specific procedures for the detained people’s congress representatives.As a state organ,the supervisory authority must conduct all investigations within the scope of the Constitution and laws.In order to maintain a proper balance between respecting and abiding by the Constitution and the law and the need to take into account the efficiency of anti-corruption,proper legal procedures should be set up for the situation in which supervisory organs detain deputies to the People’s Congress.Protection of the right to special personal protection.