On The Perfection Of The Lien Procedure

The lien measure is a sword in the current anti-corruption work,which makes the corrupt elements talk about the color.But we should see that this sword is a "double-edged sword",used properly,can effectively punish corruption;How to create a set of "sword method" to control this sword,is very worthy of discussion.Scientific,reasonable and legitimate lien procedure is the "sword law" that can control the lien of anti-corruption sword.The lien procedure has the function of regulating the operation of lien,preventing the abuse of power and protecting the legitimate rights and interests of the relative,so it is necessary to study the procedural problem of lien measures.Chapter V of the Surveillance Act regulates the monitoring procedure(the monitoring procedure,not the lien procedure),and only two provisions relating to the lien procedure,namely,articles 43 and 44,provide for a generalization of comparative principles.At present,the lien measures in the application process from the decision-making procedure to the implementation of the procedure,from the lifting procedure to transfer the review and prosecution procedures and many other aspects of imperfections,need to be improved.The purpose of this paper is to find the defects and deficiencies in the theoretical and practical operation of the lien procedure,and put forward the rationalization proposal,the purpose is to make the lien procedure more perfect,in order to find a balance between anti-corruption efficiency and human rights protection,to achieve strong anti-corruption and protection of human rights unity.