Research On The Connection Between Supervisory Detention Measures And Criminal Compulsory Measure

Establishing the modernization of the national governance system is an important project to the comprehensively promote law-based governance,and legalization of anti-corruption is the proper meaning of the modernization of the national governance system.In the context of the reform of the supervision system,the "Oversight Law" came into being,and the oversight lien measures replaced the "double regulation" as one of the important investigative methods for investigating and handling duty-related crime cases.As a result,the investigation measures of restricting personal freedom in cases of duty crimes are well-founded in law,which solves the adverse effects of "double regulation" in the practice of duty crimes.However,the oversight lien measures has been widely discussed once it has been proposed.Under the current legal norms,for general criminal cases,the public security organs and the procuratorate have consistent regulations on coercive measures,and the public security organs must obtain the approval of the procuratorate before making arrests.Therefore,there is no connection contradiction in the process of transferring cases for review and prosecution.After the implementation of the new "Oversight Law",in the process of handling duty-related crime cases,the oversight lien measures have become a statutory measure to restrict the personal freedom of criminal suspects,resulting in the problem of connection and transformation when transferring cases to the procuratorate.As a special measure of the oversight organ,the procuratorate shall not take the supervision and detention measures;at the same time,the supervisory organ cannot take criminal coercive measures such as release on bail pending trial against criminal suspects in accordance with the Criminal Procedure Law.Although the Criminal Procedure Law has been amended to link the implementation of the Oversight Law,and pre-detention is stipulated as a statutory linking measure that the procuratorate should take for the detainee,the application of pre-detention in practice is too mechanized and does not transform the detainee.During the period,issues such as how to protect and provide for basic rights have arisen,and it can be seen that the application of advance detention has failed to achieve a smooth connection between the two laws.This paper analyzes the specific application of advance detention in practice,and hopes to put forward some suggestions for realizing the connection between law and law from the perspective of establishing a supporting system.This paper consists of the following four parts:The first part is an overview of the oversight lien measure.By explaining the basic concept and legal orientation of the oversight lien measures,a preliminary understanding of the development process and the current importance of the retention measures is formed;the legitimacy of the connection between the two measures is discussed from the consistency of the purpose and the necessity of the procedure;The second part is an analysis of the current situation of the connection between the oversight lien measures and criminal compulsory measures.It analyzes the specific connection between the oversight lien measures and advanced detention through case samples,compares the applicable ratios of the three statutory connection methods,and analyzes the current situation of application.The third part proposes a connection based on sample analysis.The existing problems mainly include the problem of the first detention itself,the lack of rights protection in the process of procedural transformation,and the problem of how to effectively supervise the connection process;The fourth part puts forward suggestions for the problems existing in the connection,including refining the time limit of advance detention,Location and applicable nodes,while improving rights protection and legal supervision.