Research On The Application Of Detention Measures By The Supervisory Committee

The detention measure is an original measure entrusted to the supervisory committee by the Supervision Law of the People’s Republic of China.Since its establishment,it has attracted much attention from the academic circles.However,because the supervisory power was founded outside the legislative,judicial and administrative powers,lien measures are naturally different from administrative and criminal coercive measures.Under the circumstance that the supervision law does not specify the detention measures,the pilot time is short and the experience of applying the detention measures is insufficient in the pilot areas,the supervisory organs often encounter various problems which are difficult to solve when applying the detention measures.It is mainly manifested in the ambiguity of the provisions on the detained objects,the ambiguity of the applicable conditions,the uncertainty of the examining and approving subject,the imperfection of the implementation provisions,the obstruction of the channels of supervision and relief,and so on.Combining with specific cases,through detailed application of the legal principles that Lien measures must adhere to in the stages of decision,implementation,supervision and relief,we should study and improve the specific measures for the application of lien measures,clarify the charges and conditions for the application of lien measures,determine the decision subjects for the adoption of lien measures,establish a scientific system for examination and approval of lien measures,and standardize the execution and duration of lien measures.And the place,unblocked detention supervision and rights relief channels,conducive to standardizing the exercise of supervision power,protect the legitimate rights and interests of citizens.To correctly understand the hierarchical defects of detention measures as the only compulsory measures of supervision organs,and to study the feasibility of adding supervision bail and supervision detention measures,will be beneficial to maximize the effectiveness of supervision and promote the deepening of the reform and development of supervision system.