A Study On The System Of "Two - Finger" Measures In The Administrative Supervision Law

“Measures of investigation at designated time and place”(hereinafter referred as “DoubleDesignation Measure”) under the Administrative Supervision Law, as an important investigatingmethod, targeting at suspected serious violations of administrative disciplines and even crimes,has functioned effectively since its promulgation. While its effectiveness has been widelyacknowledged, there are also many disputes, concerning its reasonableness and legality.Existing experience and lessons based on the actual practice show that this “DoubleDesignation Measure”, is confronted with many defects, such as its scope of application iscomparatively narrow, the regulation of time limit is not strict enough, the procedure ofapplication is not clearly and systematically prescribed, and etc. Besides, the application ofadministrative supervisory organs at different levels and of different areas, is not unified, as torelevant procedures, apart from the scope of application, which exerts a seriously negativeinfluence on the authority and solemnity of the law, and thus deeply impairs citizens’ trust ingovernment and damages the image of government. In addition, the provisions are so vague thatleaves the supervisory organ a quite large discretionary power, which also counts for the unitaryapplication of laws, and subsequently, badly affects the function of the whole system.To deal with the above mentioned problems, first of all, we should cultivate people’s,especially law-enforcement personnel’s consciousness of sticking with the rule of law, to practicein accordance with the law and protect the legal rights of investigated persons and units. Secondly,the principle of the rule of law also requires that the “double designation measure” practiced bythe CPC should be integrated into the “double designation measure” practiced by theadministrative supervisory organs under the Administrative Supervision Law, which makes thebroadening of the scope of application a necessary. Thirdly, great emphasis should be put on theestablishment of a sound legal system, which demands a relatively strict regulation of time limit, acomprehensive procedural set of rules of initiation, implementation and cancellation, as well aseffective remedies. Fourth, multiple methods should be adopted so as to better the existing system,including improving internal management systems. Last but not the least important, thegovernment should be devoted to strengthen the team building, improve relevant personnel’sprofessional qualification and comprehensive quality.