Study On Monitoring Detention Measures

The monitoring of detention measure is an institutional creation proposed by the national supervision system reform,which is of great significance to the implementation of the anti-corruption function of the Supervisory Commission.This system is also largely responsible for the legitimacy of the inspection reform.The retention measure is a monitoring measure that the National Monitoring Committee has imposed on the public officers who are suspected of illegal duties and job-related crimes with a long period of time and a deferred prison term.The application of lien must firstly ensure the legality of the law from the constitutional level,and secondly,it must clearly specify the applicable object,applicable conditions,applicable period,and place of implementation.Litigation procedures are related to legal and procedural justice.Based on this,the implementation of liens must pay special attention to the protection of human rights,and protect the personal rights and remedies of the liened persons as well as the family members' rights to know about the lien.In particular,the right to salvage must be guaranteed.From the date when the lien was first taken,the liens and their relatives should have the right to entrust lawyers to help fully protect the lawyers' right to communicate,investigate,collect evidence,keep secrets,lodge complaints,and sue.After the reform of the supervisory system,the investigation of duty crimes cases requires the division of labor of the supervisory committee,the procuratorate,and the courts to be responsible for and cooperate with each other.The Supervision Law and the Criminal Procedure Law need to be linked to the coercive measures in criminal proceedings and the transformation of evidence.The period of imprisonment deferred to three aspects specifically stipulates the convergence of investigative power and judicial power.When a monitoring committee applies for an arrest,the procuratorial agency independently reviews the decision on whether to make an arrest,and the case enters into a criminal procedure since the prosecutor's office made the decision.The objective evidence obtained by the supervisory committee can be directly used as evidence in criminal proceedings,but verbal evidence needs to be strictly transformed.The lawful operation of liens is inseparable from all-round supervision.Internal oversight relies on the design of mechanisms such as the special supervisory body set up by the monitoring committee and the approval procedure for the retention measures.External supervision can be divided into the supervision of the party,the supervision of the people's congress and the standing committee,the supervision of the political consultative conference,the supervision of the society,and the supervision and control of the procuratorate.Party supervision should be supervised by higher-level party committees and higher disciplinary committees.The supervisory committee shall accept the supervision of the people's congress and report its work,and may establish a supervisory and supervisory committee at the people's congress and the political consultative conference.The people's congress may also establish a complaint committee.Social supervision is premised on ensuring the information disclosure of supervisory affairs.The procuratorial organs shall exercise effective restriction after they have been involved in the supervision of the limited interventions.