Research On The Detention Measures Of The Supervisory Committee

After "the supervision law of the People's Republic of China" was promulgated,but compared with the previous " supervision law(draft)",the provisions on the detention measures of it have not been significantly modified.Detention measures is a temporary restraint on the personal freedom of public servants which can used by the national supervision committee to investigate evidence that national public officials suspected of duty crime and illegal cases.Therefore,Detention is a criminal investigation measure of the exclusive supervisory commission,whose essence is the criminal coercive measure to restrict the basic rights of citizens,and the detainee should be called the criminal suspect.At present,there are various problems in the supervision law,such as the issue of enlargement of detention,unclear placement of reservations,simplification of detention approval procedures,and simplification of detention release procedures,and the supervisory commission and the people's procuratorate and the people's court are not in place in the detention procedure.In order to solve the above problems,ensure the correct application of the detention measures,safeguard the basic rights of public officials,control the powers of the supervisory committee,and make it clear that the nature of retention measures is of utmost importance.Before the theory of supervision has not formed an independent theory,the theory of criminal procedure can still be used as the theoretical basis for detention.The right to defense is the main criterion for the progress of modem criminal law.In order to embody the subject's status as the subject of investigation,it is necessary to establish the right to defense in the process of instituting monitoring laws.The restriction on the detain of the supervisory committee needs to be specially designed,and the "power restriction" mode should be considered in the traditional "power supervisory power" mode.After the criminal cases investigated by the commission transferred,the procuratorate and the court should examine the legality of the detention procedure in accordance with the provisions of the criminal procedure law.If it is errors detained by supervisory commission,the criminal suspect shall have the right to apply for national supervisory compensation,in the future,the inspection act shall establish a national monitoring compensation program docking rules.When modify the national compensation law,it is recommended to make the damages compensation settlement procedures before starting national supervisory compensation to mitigate conflict between supervisory power and private rights of civil servant,to protect the rights of the wrongdoer,and maintain the harmony between the internal watchdog and the supervisor.