The Protection Of The Lien Holder’s Rights

The promulgation of the Supervision Law of the People’s Republic of China marks the supervision complete coverage of all public officials exercising public power,which is an important step of advancing the modernization of the national governance system and management ability,and reflects that our country attaches great importance to the protection of the rights of persons detained.However,the supervision system has been established in our country for a short time,in practice,there are insufficient connection between supervision lien measures and criminal compulsory measures,supervision lien appeals system is not comprehensive,supervision compensation system is not specific,supervision departments are not perfect supervision of practical problems,which is not conducive to protecting the rights of persons detained and safeguarding social justice.It has important research value and application value to discuss how to strengthen the protection of the rights of the lien holder and construct a perfect system.This paper focuses on the protection of the rights of the lienee,and discusses the basic theory,problems and reasons of the protection of the rights of the lienee,the system improvement path and other basic issues.First of all,this paper analyzes the basic theory of protecting the rights of the lien holder.For example,the basic theory of surveillance lien measures is summarized,the property that the measures restrict the personal freedom of the person who is detained is introduced,the scope of the person who is detained is larger than the scope of the object of supervision,and the implementation of surveillance lien measures needs strict procedures.It is stated that the protection of the rights of the detainee is the inevitable requirement of the theory of rule of law,human rights protection,procedural rule of law and entity justice.Based on relevant legal sources,this paper introduces the types of rights of the lien holder,such as personal rights,property rights,right to know,right of defense,right of complaint,right to obtain compensation,etc.Secondly,combining with the legislative situation of protecting the rights of detained person in our country,this paper is discussing practical problems and reasons in practice in our country,and analyses its function of guaranteeing each basic rights of detained person.Finally,the thesis makes some suggestions to improve the lien holder’s right guarantee system based on the practice of our country.Such as strengthening the supervision lien measures and criminal coercive measures to strengthen the defense rights and personal rights of the detained person;Perfect the supervisory lien appeal system to effectively protect the lien holder’s right to appeal and right to know;Refine the supervision compensation system,safeguard the liens to obtain compensation rights and property rights;We will strengthen supervision over supervisory departments and build a system to protect the rights of people with liens.From the above four perspectives,this paper discusses the perfect way to protect the rights of the lienee in order to realize the full protection of the rights of the lienee.