On The Detaining Measure In The State Supervision System

“The Supervision Law of the People's Republic of China” clearly stipulates that the supervisory committee has the power to take the supervision measures including the detaining measure.The most striking feature of the detaining measure is the compulsory restriction of personal freedom.The application scope of the detaining measure includes not only the state cadres,but also those who perform public power.Thus,it can be seen that the supervisory scope of “ the Supervision Law of the People's Republic of China” is much wider than “the Law of the People's Republic of China on Administrative Supervision(1997)”,the new supervision measures are more effective.The detaining measure has made up for the lack of the results on administrative supervision.This is an inevitable requirement for the country to achieve anti-corruption institutionalization and ruling of law by law.According to the implementation of the pilot areas and "the Supervision Law of the People's Republic of China" passed by the first session of the thirteen National People's Congress,the study path of the article follows the order from macro to micro.First of all,the detaining measure needs adjustment of relevant legal system.The implementation of detaining measure of the supervisory committee must be based on the principles and the spirits of the constitution and follow the provisions of the constitution to make the application of the detaining measure full justified.Secondly,the detaining measure is the most severe measure in the supervisory committee's investigative means.Its implementation should strictly abide by the legal procedures and avoid excessive use of power.Thirdly,the location of the detaining measure should be arranged according to the characteristics of its operation to avoid infringing upon the legitimate rights and interests of others.Finally,the extension of the detaining measure in special circumstances needs supervision,which should be remedied for the infringed objects.It is a process from imperfection to perfection that regulating the detaining measure.Through the formulation and refinement of the provisions of the State Supervision Law on the detaining measure,it will be more operable and more effective to punish corruption and duty offenses,it's better to protect the legitimate rights and interests of the citizens.It is necessary to administrate the country according to the law and rule the country by the constitution,the effective implementation of the detaining measures by law is an indispensable part of the state supervision system reform.Therefore,the standard application of the detaining measure should attract attention and improve it with practice.