A Study On The Procedure Of Monitoring Lien In China

As one of the most severe compulsory measures nowadays,monitoring lien is the concentrated embodiment of the national compulsory force.As a weapon of national anti-corruption and promoting the modernization of governance system and governance ability,if it is used properly,not only social order has been maintained,but also civil rights and interests have been protected;if it is not used properly,not only human rights,but also social order will be trampled.Procedural justice can promote substantive justice.Therefore,this paper chooses to study the system of supervisory Lien from the perspective of procedure,using the method of specific analysis of specific problems,combining with the reality of China,and puts forward the existing problems of the system of supervisory lien in China,and adopts the writing ideas from the front to the back,from theoretical analysis to practical improvement,The procedure of monitoring lien is divided into three stages:approval procedure,execution procedure and relief procedure.The first part is the introduction,which mainly introduces the purpose and significance of studying the procedure of supervision and retention under the current environment,and refers to the mainstream views of the current academic circles.From the three perspectives of approval procedure,execution procedure and relief procedure,this paper lists the corresponding literature review for several controversial issues in the academic circles at present,and also briefly introduces the research content and research methods at the end 。The second part first explains the meaning of monitoring lien procedure,which is to guide the implementation of lien measures and protect the legitimate rights and interests of the investigated.Then through the three aspects of approval,execution and relief,this paperexpounds the contents of the supervision lien procedure,and explains the theoretical basis of the supervision lien procedure based on the two theories of procedural value and due process of law.On this basis,combined with the three most important values of China’s monitoring lien procedure,that is,regulating and restricting the power of the supervision organ,protecting the basic human rights of the criminal suspect and ensuring the smooth progress of the case investigation,we further highlight the importance of studying the monitoring lien procedure.In the third part,from the current situation of China’s monitoring lien procedure,the author points out some deficiencies in the current monitoring lien procedure from three aspects: approval procedure,execution procedure and relief procedure,That is to say,there are three deficiencies in the approval procedure: vague application object,wide application conditions and improper approval authority;four deficiencies in the execution procedure: long retention period,unclear place of retention and care,the respondent’s right to entrust a lawyer to defend himself,and unclear procedures for the release of retention;and in the relief procedure,there are rules for the transfer of audio and video with the case There are three deficiencies: lack of internal and external supervision,and simple state compensation system.The fourth part is based on the shortcomings of the third part.Firstly,it defines three principles that should be adhered to to to improve the procedure of supervision lien,namely,the principle of power restriction,the principle of right protection and the principle of reform moderation.Then it combines with empirical analysis,One by one,corresponding suggestions are put forward,that is,to properly identify the applicable objects,strictly set up the applicable conditions of retention measures and standardize the approval authority of retention measures in terms of approval procedures;to reasonably determine the retention period in terms of implementation procedures,improve the construction and allocation of retention places and nursing teams,allow lawyers to intervene during the retention period,and clarify the relevant provisions on the release of retention measures;and In the aspect ofrelief procedure,the sound recording and video recording shall be transferred with the case,the supervision mechanism shall be effectively improved,and the national compensation system for retention measures shall be implemented.