On The Lien Measure Of The Supervisory Committee

To ensure the smooth progress of investigation,the Supervisory Committee has been given the right of use of Lien measure under the situation of high-pressure to fight corruption.The?German Civil Code?has stipulate "Lien Right",belonging to the category of civil and commercial affairs.It is that the world "lien" appeared in the earliest.Article 9 of the?People's Police Law?also provides for the system of "Detention for questioning".However,all of them are different from the "Lien measure" of the Supervisory Committee.The nature of“the Lien measure" is that it is the supervisory measures of both administrative and criminal nature.But it is not administrative coercive measure,criminal coercive measure or Inner-party disciplinary measure.It is no doubt that "the Lien measure" is necessary to exist.There are four reasons:Firstly,corruption cases have some characteristics such as higher level of culture of criminal subject,certain ability of anti-investigation,secret process of crime,complex object of crime and so on.Secondly,"Shuanggui measure" has lacked the legality.Then "the Lien measure" can make up for insufficient.Thirdly,"the Lien measure" will ensure realize the supervisory right.Finally,it is good for collecting and fastening evidence."The Lien measure" has many applicable norms.First of all,there are a lot of principles should be observed.For example,Statutory principle,Human rights guarantee principle and so on.Then,It shall be exercised by the Supervisory Committee in the light of serious duty violations and job-related crimes that meet the requirements.The place and the term of "The Lien measure" should be stipulated clearly.It is possible that the prison will become the legal place.It is necessary to ensure the legal right of the person who was took"the Lien measure ".Once somebody was took "the Lien measure”,the lawyer should be permitted to afford the legal services for that person.And that person also should have the appeal right to the Supervisory Committee according to?State Compensation Law?.The Supervisory Committee should become the organization with indemnifying obligation.When the Supervisory Committee took "the Lien measure",the implement of it need work in with the public security organization.And how transform it to criminal coercive measure need work in with the office of the public prosecutor.The evidence to be obtained should accord with taking the trial as the center.In a moment,supervision is the fundamental guarantee of Power Operation.So,it is very important that how effective to supervise "the Lien measure".The combination of internal and external supervision can achieve the purpose of effective restriction.