Research On The Retention Measures Of The Supervisory Authority

The reform of the national supervisory system made it clear that the supervisory organ is a political organ,and the national supervisory power is listed as the fourth power along with the legislative,executive,and judicial powers.The Supervision Law clearly stipulates that the supervisory organ has a lien investigation measure.As a severe monitoring and investigation measure restricting personal freedom,indwelling has both administrative and criminal justice attributes.As an innovative measure,the retention measure replaced the “two-finger” measure of the original administrative supervision organ,standardized the “dual regulation” measure of the Discipline Inspection Commission,and carried the new mission of anti-corruption work in the new era.When the retention measures are applied,the principles of legality,due process,proportionality,efficiency,and power checks and balances should be followed.This article compares the relevant provisions of the Supervision Law and sorts out the applicable conditions of the retention measures,the place of implementation,the approval procedure,the implementation period,the cancellation procedure,the obligation to inform,the penalty of the sentence,the protection of the personal rights of the detained object,the operation supervision,and the state compensation.Draw lessons from Hong Kong ’s experience in the investigation of duty crimes,combine with the actual work,and clearly refine the current provisions of the Supervision Law,improve the accuracy of the application of retention measures,gradually explore the establishment of a lawyer intervention system,and establish a sound internal and external supervision mechanism Starting from other aspects,we strive to find a solution that can promote the lawful,efficient and standardized use of retention measures by the supervisory organs,and promote China’s anti-corruption work to continue to advance along the road of rule of law.The author believes that the establishment of a sound supervision mechanism is the top priority,and we should focus on strengthening the supervision of the application of retention measures through the establishment of an independent and efficient supervision and internal supervision committee(J group)and the establishment of a special supervision organization of the National People ’s Congress to ensure the country ’s The heavy equipment always operates efficiently and standardized on the rule of law.