Research On The Construction Of The Compulsory Measures System For Duty Crime Supervision

The system of compulsory measures for the supervision of duty crimes should be an organic whole formed by several coercive measures for the supervision of duty crimes.In the process of supervision and investigation of duty crimes,the system of compulsory measures for the supervision of duty crimes plays an important role in ensuring the smooth development of supervision and investigation procedures and regulating the investigation activities of supervisory organs.In the connection between the supervision procedure and the criminal procedure review and prosecution procedure,the system of compulsory measures for the supervision of official crimes plays a positive role in smoothly connecting the personal freedom control measures of the prosecuted person.After the reform of the supervision system,the investigation power of duty crimes was integrated into the supervisory organs,and the criminal investigation of duty crimes was replaced by supervision and investigation.Although the subject and investigation procedures of duty crimes have changed,the nature of duty crimes and the personal risk of the perpetrators have not changed.In order to smoothly carry out the prosecution process of duty crimes,the supervisory organs still need to control the personal freedom of the prosecuted person when handling official crime cases.However,unlike the Criminal Procedure Law that clearly stipulates the system of criminal coercive measures,the Supervision Law does not build an independent system of compulsory measures for the supervision of official crimes,but provides for investigation measures to restrict exit,retain or deprive citizens of their personal freedom in the "supervision authority".At present,the system of compulsory measures for the supervision of duty crimes is missing,and there are shortcomings such as deviations in nature determination,single quantity,and unreasonable allocation,which has a negative impact on the investigation,prosecution and protection of citizens’ rights in duty crimes.In this regard,the Supervision Law should build a system of compulsory measures for the supervision of official crimes on the basis of existing compulsory personal measures.Specifically,the construction of the system of compulsory measures for the supervision of duty crimes should start from the aspects of clarifying the legislative basis and specific construction content of the system of compulsory measures for the supervision of duty crimes.First,clearly build a legislative unit of an independent system of compulsory measures for the supervision of official crimes,laying a legal foundation for clarifying the attributes of compulsory measures for restricting exit and retention and improving the carrying capacity of the system of compulsory measures for duty crimes.Second,according to the main types of compulsory measures for the supervision of duty crimes,the application content of the two compulsory measures for the supervision of crimes in custody and detention and the supervision of detention,and the three compulsory measures for the supervision of non-custodial duty crimes,supervision and detention,supervision and bail pending trial,and supervision and exit restrictions,respectively,are specifically constructed for duty criminals.The internal review mechanism,rights protection mechanism,objection relief mechanism and supervision compensation mechanism of the crime supervision coercive measures system have been improved.