The Concrete Design Of The Liuzhi Legal System

At present,the party rules against corruption and the national law against corruptionare two kinds of anti-corruption systems in the current anti-corruption system in our country.The Double Designation is the main system of party rules to fight against corruption,while the Liuzhi is the main system of the national law after the reform of the state supervision system.Before the reform,the Double Designation which can break through the strict legal procedures and means has increasingly shown its advantages and strong vitality in Anti-corruption campaigns.Therefore,it used to be the first choice to investigate some sensitive and important duty crimes.So,Double Designation has played an important role,and it worked very well.However,the system of Double Designation is a disciplinary measure of the party.Its existence is lacks of clear legal basis and its implementation exists irregular phenomenon.What is more,sometimes there is a suspicion of violating the constitution of Double Designation,which leads to deeply misunderstood and criticized.In order to solve those problems,the 19th National Congress of the Communist Party of China put forward the requirement of replacing Double Designation with Liuzhi.This has become an important milestone in the way of the legalization of anti-corruption of our country,and has provided guidance for the legalization of Double Designation and the reform of the national surveillance system.Based on the reform of the national supervision system,this paper focuses on the Liuzhi system,and analyzes it from the perspective of the Double Designation's transformation.Firstly,this paper will give a brief introduction to Double Designation and Liuzhi and analysis the connotation and the formation process of the two systems.And at the same time,this paper will compare the two systems and point out that they are both in parallel with the anti-corruption system.In addition,they have similarities in implementation effect and function.But they are different in the system properties,basis,executive main body and object of regulation.Secondly,this paper will analyze the necessity of replacing Double Designation with Liuzhi.In the paper,it will point out that there are many problems in our anti-corruption system.It is suggested that the Double Designation can easily cause the "siphon effect" of the party rules to the law.Besides,the Double Designation will lead to some problems between the party rule and the law.In short,the shortcoming of the national law against corruption system and the alienation of the party rules against corruption system are the main reason for those problems.However,the replacement of the Double Designation with Liuzhi is the effective measure to solve the those problems,which can lead to the cooperation in the field of anti-corruption between the party and the government agency and it is conducive to the transformation from the party planning to the anti-corruption of the state law.Finally,:this paper will put' forward a conception about the setting of the"Liuzhi".It will briefly expound the debate about how to set the Liuzhi at first.Then,through the analysis of the two choices of the Double Designation mode and the arrest mode,the paper will expound the reasons for choosing the Double Designation mode from the prevention of the less use of criminal prosecution,the continuation of the cooperation of the party and the national organizations and the promotion of the formation of the party and the country's anti-corruption efforts.Afterwards,referencing by the Double Designation standard model,the paper will put forward the main idea of perfecting the system of Liuzhi.It is suggested to continuously improve the system design from the implementation scope,the premise,the site,the implementation period and the mechanisms of supervision and relief.