| The Supervision Law of the People’s Republic of China,passed in March2018,gives China’s supervisory organs a lien as a new means to investigate serious duty violations and duty crimes.Its essence is to rule on law,institutionalize and standardize the "double regulation" measures proved effective in long-term practice.To deal with the current anti-corruption work with the rule of law thinking demonstrates the determination and confidence in comprehensively governing the country by law.It not only provides institutional support for the staff of supervisory organs to take personal coercive measures,but also provides legal protection for the protection of the legitimate rights of the detained persons.With the deepening of the reform of China’s supervision system,the complexity and long-term nature of the anti-corruption work have posed new challenges to the supervision organs,especially the supervision and detention system has produced some disputes and problems,and there are still many shortcomings in the system to be made up and improved.Based on the basic theory of the lien system,this paper analyzes the institutional value and existing problems of the current lien system,and puts forward targeted improvement measures.First,it analyzes the origin and definition of the term supervisory lien and discusses its nature and applicable principles.Secondly,it analyzes the current institutional value of supervisory lien,which affirms the progressive significance made at the present stage.For example,the influence effect and deterrence effect of monitoring detention.The influence effect can better awaken the original intention of the detained person,while the deterrence effect can better warn public officials and prevent accidents in the bud.Then from the top-level design and legislative analysis of the supervision of detention problems.Finally,by referring to the "Criminal Procedure Law" and other legal norms,combined with the current supervision practice,and put forward targeted measures to improve the above problems,the supervision and detention system can be run on the track of the rule of law,so as to contribute to the reform of the supervision system... |
