Research On The Right Guarantee System Of Supervising The Object Of Lien

As a product of the reform of the national supervisory system,the supervisory commission,as a dedicated anti-corruption body,will play a more important role in China’s anti-corruption work.As a new means of investigation endowed by the reform of the national supervision system,the lien measure can restrict the personal freedom of the object of the lien under the legal conditions.The creation of lien measures enriches the trial means of duty cases,improves the efficiency of the investigation of duty cases,and strengthens the deterrent power of the supervisory organs.Whether in 2016,Beijing,Zhejiang and Shanxi provinces carried out the pilot work of supervision system reform,or in 2017,the supervision system reform was carried out nationwide,the lien measures played a positive role in the trial and investigation of job cases.Lien measures have the characteristics of restricting the personal freedom of the objects under lien.In addition to giving full play to the value of supervision and investigation,it is bound to have a certain impact on the personal freedom of the objects under lien and damage to the legitimate rights and interests of the objects under lien.From the perspective of human rights protection,we need to apply the lien measure prudently,so as to give full play to its supervisory function and properly protect the legal rights of the objects under lien.From the perspective of the protection of the rights of the objects with liens,this paper starts with the interpretation of the legal principle of the protection of the rights of the objects with liens,systematically analyzes the current situation and deficiencies of the protection of the rights of the objects with liens in the existing norms and supervision practices,and puts forward some suggestions to improve the protection system of the rights of the objects with liens.Specifically,the research content of this paper can be divided into the following three parts.The first part is the legal explanation of the protection of the rights of the objects under the supervision of lien,mainly elaborating the basic legal principle of the protection of the rights of the objects under the supervision of lien,discriminating the meaning between the objects under the supervision and the adjacent concepts,and the importance and necessity of the protection of the rights of the objects under the supervision of the lien.The second part mainly analyzes the status quo of the protection of lien objects and the deficiencies of the protection of lien objects’ rights in the existing norms and supervision practices.This paper discusses the application principle and current situation of the lien measure,the actual influence of the lien measure on the lien object,analyzes the deficiency of the right protection of the lien object,and expounds the necessity of the right protection of the lien object.The third part aims at the problems encountered in the guarantee system of the rights of the objects with liens,and puts forward suggestions to improve the system,and looks for ways to effectively guarantee the rights of the objects with liens from the construction of the internal system of the measures with liens and the restriction of the external environment respectively,in the hope of helping to improve the guarantee system of the rights of the objects with liens.