The Discussion About The Detention Power Of The Supervisory Commission

Since 2016 November,our country has carried out the reform of the supervision system in Shanxi province,Beijing city,Zhejiang province,which gives rise to a new national institution-supervisory commission.The Standing Committee of the National People's Congress granted to the supervisory commission a new power-detention power,which is not only applicable to the unlawful act of state functionary,but also applies to the occupational crime.In March,2018,the Committee of the National People's Congress deliberated and approved the constitutional amendment and the supervision law,which decided to set up the supervisory commission nationwide.The supervision law specifies the responsibility and power of the supervisory commission more detailed.This article discusses the connotation of the detention power,which belongs to the supervisory commission.Applying the detention power will limit even deprive the freedom of the civil servants,who implement the unlawful act or the occupational crime.Since the supervisory commission merges the investigation department,which belonged to the people's procuratorate,the nature of the occupational crime's investigation power should be taken into consideration when we defines the nature of the detention power.There exists four different opinions on the nature of the occupational crime's investigation power,including jurisdictional nature,administrative nature,jurisdictional as well as administrative nature and legal supervision nature.This article regards the detention power as an administrative power.From the nature,detention power belongs to administrative power,which contains the characteristics of administrative,obligatory,initiative and modest.The detention power contains four key components,which are subject,object,circumstance,time limit and location.The supervisory commission should obey the rule of law when it applying the detention measure.In general,there are three steps in the procedure of the detention measure,which are activating procedure,administrating procedure and removing procedure.Since the detention measure will limit even deprive the freedom of the people,it's necessary to apply the measure prudently.According to the principle of rule of law,that is respecting and protecting human rights,when the supervisory commission applies the detention measure,it should guarantee the legal rights of the investigative object.To be specific,the supervisory commission can adopt following measures,which are strengthening the review and enforcement of the detention measure,insuring the right of petition of the suspects,removing the illegal evidences,the period of the detention measure offsetting the prison term,launching the state compensation and allowing the lawyers to intervene the case.At last,this article puts forward some thoughts on the power of the junior supervisory commission,the time limit of the detention measure,and so on.