Study On The Measures Of Lien In The Supervision Law

It is pointed out in the report of the 19 th CPC National Congress that the reform of the national supervision system should be deepened,the Supervision Law should be enacted,and supervisory commissions should be granted authorization and survey instruments in accordance with the law.Lien measure,as the only measure to deprive the personal freedom of the investigated person,has attracted the most academic attention.Detention measures are different from detention,arrest and other criminal coercive measures in the legal attribute,it has an independent attribute,is a new,independent right of investigation.The Supervision Law stipulates the approval procedure,execution procedure and right relief of lien measures,but there are some problems in practice.In this paper,the lien measures as the research object,the main purpose of the research is to promote the lien measures in a scientific,standardized,legal track.Based on this,this paper mainly discusses from three parts.The first part analyzes the nature,characteristics and application principles of lien measures.This paper mainly discusses the nature of lien measure,which is neither administrative nor criminal nor party discipline examination measure,but a kind of independent and brand-new right of investigation.Lien measures have the characteristics of being coercive,initiative and restraining,so the principle of legality,the principle of protecting the legitimate rights and interests of the objects under supervision and the principle of proportion should be applied.The second part mainly analyzes the problems existing in the application of supervisory lien measures.This paper mainly analyzes the existing problems of lien measures from two aspects.On the one hand,from the perspective of legislation,this paper analyzes the large scope of the application of the supervision lien,which is not conducive to the protection of human rights because it does not distinguish between serious duty violation and duty crime cases and applies the lien equally.Lawyer’s right of intervention is not granted in the process of lien,which is not conducive to the full play of the right of defense of the investigated.State compensation system and "supervision law" cohesion is not smooth,resulting in the insufficient protection of the detainee’s rights.On the other hand,from the perspective of practice,Based on the data analysis of 570 first-instance judgments on the Judgements Network,the paper focuses on the problems existing in the practice of supervision lien measures.For example,the lien period is too long,with the proportion of more than two months reaching 62.9%.The place of lien is not clear.In practice,different supervisory organs use different places of lien,which may lead to unfair phenomenon.There are some other problems about lien measures,such as its being single,lacking of supervision.The third part is the suggestion of improving the supervision lien measure.The first is to determine the scope of "serious duty violation",clarify lien measures applicable to the object.Allow lawyers to intervene during the period of detention,introduce the system of on-duty lawyers,and improve the protection mechanism of the rights of the detainee.Strictly follow the principle of proportionality and standardize the reasonable period for the application of lien measures.Secondly,the detention place is set as a special place for detaining,and the detaining personnel are held in special areas and by special persons.Bail pending trial and residential surveillance were added as investigation measures.Finally,establish the necessity of lien review system,strengthen the internal and external supervision of lien measures.Supervision is the fundamental guarantee for the legal operation of the right of supervision.