Research On The Connection Between Detention And Criminal Coercive Measures

Deepening the reform of China’s supervision system is a key measure to build a rule of law country and combat illegal acts by officials.As the reform of the supervision system enters into a " uncharted waters ",the connection between the Supervision Law and the Criminal Procedure Law has become increasingly important in promoting the reform of the supervision system.The "connection" mainly involves jurisdiction,evidence,and the connection between detention and criminal coercive measures.Considering the crucial role of detention in the connection between the supervision investigation procedure and the criminal procedure,the author selects the angle of improving the connection between supervision detention and criminal coercive measures,referring to the multi-dimensional research results of the past academic circles on the connection between detention and criminal coercive measures,as well as the areas that have not been perfected.By combining with representative and significant typical connection cases in practice,the author summarizes and analyzes the gaps in the current connection process between detention and coercive measures in China.From the perspective of the constitutional position between the supervision and procuratorial organs,the universality of the human rights protection principle under the guidance of constitutional values,the comprehensiveness of the rule of law and anti-corruption principles,and the necessity of improving the connection between the supervision investigation procedure and the criminal procedure,the author proposes innovative suggestions,such as introducing the lawyer system,establishing a rigorous anti-corruption legal system,and improving relevant provisions on multi-party assistance and cooperation during the connection process.These suggestions supplement and strengthen the relevant theories of connection measures,provide innovative suggestions for "smooth connection of laws",effectively solve the difficulties in the practical "connection of laws",and resolve the connection difficulties arising from the reform of China’s supervision system,thus reducing the institutional cost of the connection between detention and criminal coercive measures from the root,improving the efficiency of the litigation of duty-related criminal cases,and ultimately maximizing the anti-corruption benefits.