On The Relief Of The Rights Of The Detained Person In The Supervision And Detention

As the biggest bright spot of the reform of China’s supervisory system,retention measures are of great significance to anti-corruption under the rule of law and efficient anti-corruption.At the same time,as one of the most rigorous investigation measures,it involves many basic constitutional rights such as personal freedom,personality dignity,right to life,and right to health of the detainee during its operation.In order to avoid the generalization of the retention authority and infringement on the legal rights and interests of the detainee,when applying retention measures,the bottom line of the rule of law must be strictly observed.Although the People’s Republic of China Supervision Law,which was launched on March 20,2018,clearly stipulates the object of retention,applicable conditions,time limit,approval procedures and other authorities,as a basic law,it has not escaped from The characteristics of ‘thin’are very general,and the provisions of many contents are relatively general,and the standards and standards of conduct are not clear.Especially for the place of detention and the cancellation procedure,the supervisory authority may abuse the detention right,improper detention,wrong detention,Situations such as overdue detention,improper interrogation of the detainee during the detention period,and difficulty in protecting the detainee’s basic rights and interests of life,to a certain extent,offset the excellent results of the rule of law against corruption.In order to circumvent and solve the above problems and achieve the dual value goal of anti-corruption and rights protection,it is necessary to further clarify the nature,conditions,procedures and other contents of the retention,and establish a complete rights remedy mechanism to protect the legal rights and interests of the detainee.Retention measures are more similar to arrests in criminal coercive measures in terms of restrictions and applicable conditions on personal freedom.The Criminal Procedure Law already has a relatively mature rights protection and relief mechanism for criminal suspects.Compared with the arrest,there are still some omissions in the system and methods of the rights remedy of the detainee.The due complaint system and the national compensation still lack specific system design.There is a legislative vacancy in the intervention of lawyers and judicial relief,and there is a lack of strong Powerful supervision and control mechanisms,etc.To a large extent,these problems may make it difficult for the legal rights and interests of the detainee to be effectively protected.In addition,guaranteeing the basic rights of detainees,restricting the exercise of supervisory powers by the supervisory organs,and regulating the legitimate operation of the detention measures are the basic requirements of a socialist country ruled by law.Therefore,it is necessary to build a complete relief system,expand the scope of retention grievances,and standardize the procedures for grievances;by amending the National Compensation Law and adding a chapter of "supervision compensation",a national supervision compensation system is established.In addition,as the final remedy mechanism for rights,justice should not exclude judicial relief from supervision.Through the effective connection between justice and supervision,the last line of defense for safeguarding social justice and respecting the protection of rights should be maintained.However,remedy is a post-remedial system with certain limitations.In order to truly protect the lawful rights and interests of the detainee,the pre-precaution mechanism should not be absent.Build a powerful supervision and control system with the power organ as the core.Through the effective combination of internal supervision and external supervision,on the basis of the "power restriction power" model,introduce "power restriction power" into the existing supervision system to strengthen the Supervision of supervisory power.At the same time,lawyers can be allowed to provide legal assistance to the detainee,strengthen procedural guarantees during the detention period,establish a filing review system,keep every level in the application process of the detention,and ensure that the operation of the lien will not deviate from the rule of law.At present,the issue of remedies for the rights of detainees is still at the stage of academic discussion,but since the Supervision Law is based on the Constitution of China,we can discuss this issue under the guidance of the spirit or principles of the Constitution.This article intends to define the scope of the lien’s authority from the provisions of the Supervision Law,clarify the power attribute of the lien,clarify the procedures and conditions of the lien,and analyze the status of the lien in the lien In the process of rights may be infringed,discuss the current dilemma of the rights of liens.Through the establishment of pre-prevention mechanisms and post-relief systems,build an effective rights remedy system to achieve efficient anti-corruption and rights protection.balance.