To Monitor The Convergence Of Lien Measures WithCriminal Coercive Measures

The formulation of the "Supervision Law" has provided a legal basis for the reform of our country’s supervision system,and the convergence between the "Supervision Law" and the "Criminal Procedure Law" has also been put on the agenda.Of the twelve investigation measures stipulated in the Supervision Law,the supervision lien measure is not only the most concerned measure,but also the key to the convergence between the Supervision Law and the Criminal Procedure Law.The supervisory lien measure is a pioneering undertaking in our country’s legal system,and similar measure was not available before the reform of the supervisory system.It is neither a compulsory measure in administrative supervision nor a criminal compulsory measure by judicial organs but a party discipline treatment measure which is compulsory and unique to supervision and investigation.There are differences between a common compulsory measure and the supervisory lien measure as a compulsory one in the "Supervision Law".The Supervisory Committee exercises the power to investigate cases being suspected of job-related crimes,and takes supervisory lien measures on the investigators.When a case is investigated,the supervisory lien measures are transformed into criminal compulsory measures.The conversion between the two measures is the key.As mentioned above,both supervisory lien measures and criminal compulsory measures are compulsory.They are both high-strength measures to restrict the personal freedom of criminal suspects.If there is a problem in the connection process,not only the connection between the law and the law but also the supervision system will be affected.What is more,the overall situation of the reform will also improperly infringe upon the personal rights of the person under investigation,thereby damaging the credibility of the law.In response to the promulgation of the "Supervision Law",our country’s new "Criminal Procedure Law" has also updated relevant regulations,but the regulations are not perfect in terms of the connection between supervisory retention measures and criminal compulsory measures.The current legislation regards advance detention as the link between the two measures.However,there are also some disputes about the nature and application of advance detention itself.This provision does not completely solve the problem of the connection between the two measures.This article defines the nature of supervisory detention measures and compares it with the nature of criminal compulsory measures,and then discusses in depth the connotation and necessity of the coordination and convergence of supervisory detention measures and criminal compulsory measures.It also to touches upon other current legislation issues: The design of the current model for the connection between measures-takes advance detention as the transition hub,the theoretical issues of advance detention in fulfilling the role of the transition hub,including the nature and stage of advance detention,the ownership of the decision and enforcement power of advance detention,Location and model design,and whether prior detention will lead to a presumption of guilt.The second half of this article focuses on the specific issues that arise during the convergence of the two measures,including the lack of external supervision,the lack of intervention rights for the defender,the failure to distinguish between duty violations and duty crimes,the imperfect relief system,and the return of supplementary investigations by the prosecutors.The positioning of the program stage is unknown.The author believes that the "Supervision Law" is closed in the design of supervision lien measures.Both the decision body and the execution body are the supervisory organs,and the involvement of procuratorial organs and lawyers is not stipulated in the legislation.The discussion in this article shows that in order to strengthen the restriction and supervision of the supervision lien measures and bring them into a unified track with the criminal procedure standards,the procuratorial organ should be established in the legislation as the main body of the decision of the supervision lien measures,and the procuratorial organ should be allowed to intervene in the process of monitoring the lien measures in advance.The article also indicates that the involvement of lawyers at this stage should also be clearly stipulated in the legislation.Regarding the current legislation that does not distinguish between violations and crimes in the provisions of supervisory lien measures,the author believes that the supervisory lien measures should be diverted,clearly distinguish between duty violations and duty crimes,and provide separate regulations for them,and separate government handling from criminal.Only by distinguishing responsibilities,we can making it conducive to realizing the convergence of supervisory retention measures and criminal compulsory measures.In terms of the relief system,the author believes that the "Supervision Law" and the "State Compensation Law" should clearly stipulate what compensation and what procedures should be applied for improper supervision lien measures.Finally,with regard to the procuratorial organ returning the case to the supplementary investigation procedure,the author believes that the principle of “return of the case shall not be returned”should be established,and a department responsible for procedural connection with the procuratorial organ should be established in the supervision committee so as to promote the supervision of lien measures and criminal investigation.Coordination of mandatory measures.