On The Indwelling Of The State Supervisory Committee

Since November 7,2016,the CPC Central Committee issued "on the Beijing City,Shanxi Province,Zhejiang province to carry out the national supervision system reform pilot program",in December 25,2016 by the National People's Congress on"in Beijing City,Shanxi Province,Zhejiang province to carry out the national supervision system reform decision" since the reform of China's supervision system kicked off.The "decision" stipulates that the supervisory committee has adopted such measures as conversation,interrogation,inquiry,inquiry,freezing,investigation,sealing up,seizure,search,inspection,identification,lien and so on.Lien as a measure to restrict personal freedom has attracted the attention of academic circles.The nineteen major report of the party also referred to the "use of lien instead of double rules" to make lien much attention.This article will explore how to standardize the implementation of the Lien from four aspects.The first part is the analysis of the origin and legal nature of the lien.First,trace the source of "lien" and compare the lien with the related concepts to understand its source.Then the position of the legal nature of the lien.Wang Qishan pointed out that lien is the means of investigation power,and it should be established in the state's supervisory power to demonstrate the determination and self-confidence of comprehensively administering the country according to law.Therefore,the nature of the lien is closely related to the positioning of the supervisory power,and the analysis of the property of the right of supervision is conducive to understanding the nature of the lien.As a measure of the right of investigation,it is of great significance to clarify the right attribute of the right of investigation to the nature of the lien;and the final clear that the indwelling is a strong administrative and judicial attribute.There are two kinds of measures,namely,administrative lien and criminal lien.The second part analyzes the reasons for the detention of the state supervisory committee from the perspective of necessity and feasibility.Through the lack of the constitutionality of the "double rules",the shortcomings of the traditional lien interrogation,and the weak strength of the administrative supervision in the anti corruption force,the necessity of adopting the indwelling measures in four aspects of the self detection power of the procuratorial organs is expounded.Then through the constitution of the inherent requirements of human rights protection statements,through the experience of the pilot region and the implementation of the constitutional amendment to the supervision of legislation provides a basis to show the feasibility of the lien measures.Through the discussion of the feasibility and necessity of indwelling,it is actually an analysis of the reasons behind the release of lien.The third part is to describe the problems in the exercise of lien measures.One is that the boundary of the constitutional border,the right of investigation and supervision,the boundary of the right to dispose,the boundary of the duty offense and the crime of duty are not clear,which leads to the unclear boundary of the operation of the indwelling measures.Two,the external supervision system of the lien is not perfect.The fourth part puts forward some countermeasures for the standardized exercise of lien measures.One is to clarify the relationship between the supervisory committee and other state organs.The boundary of the constitution boundary,the right of investigation,the right of disposal and the right of supervision,the connotation and extension of the right of supervision,the crime of duty and the law of duty are clearly defined as the boundary of the operation of the indwelling measures.The two is to improve the supervision mechanism of lien measures through the self supervision and external supervision of lien.The three is to explain the protection of the personal rights of the lien.The principle of the indwelling implementation should be established,namely,the appropriate application,the principle of proportionality and the principle of examination.Then,the procedural provisions of the lien and the post relief include the appeals of the lien,the recovery of the salary and property and the implementation of the state indemnity.The five is the judicial connection of lien and the problems of lien place,time limit,penalty term,object of application and relationship with dual rules.