Supervisory Committee Study

On December 25,2016,the Standing Committee of the National People's Congress announced the pilot work of the national supervision system reform in Beijing,Shanxi,and Zhejiang Provinces,and established a supervision committee in the pilot areas to perform supervision,investigation,and disposal duties,and assigned 12 investigations.Measures,retention measures are one of them.Since the detention is the only investigation measure that restricts the personal freedom of the respondent,it is widely used by the various levels of the supervisory committees in the pilot areas to investigate the crimes of duty crimes.However,there is no clear law on how to adopt the lien measures at the beginning of the pilot.It is stipulated that the academic community has also begun to conduct extensive discussions on the applicable conditions,applicable objects,approval authority,execution deadline,execution place,human rights protection and judicial relief of the retention measures.On March 20,2018,the "People's Republic of China Supervision Law"(hereinafter referred to as the "Supervisory Law")was formally adopted and implemented,clarifying the applicable conditions,approval authority,execution period,execution procedures,and lifting of the supervisory authority when taking the retention measures.There are related issues such as the conditions and the protection of the legitimate rights and interests of the retained persons,but in the process of handling the case,there are still many theoretical and practical problems to be solved when the retention measures are taken.Based on the actual situation of handling cases,this paper focuses on analyzing the existing problems of the supervisory organs in the process of implementing the retention measures,and proposes feasible and feasible suggestions in a targeted manner.The main body of this paper is divided into four parts.The first part starts from the origin of the retention measures,and summarizes the set of procedures for the placement of the retention measures from the pilot to the 19 th National Congress,and then to the "Supervisory Law";The two aspects of practice analyze the value of the retention measures.Finally,through the analysis of the retention measures and criminal enforcement measures,the "two regulations" and the "two fingers" measures,the supervisory organs and the pre-reform measures are summarized in terms of measures to restrict personal freedom.The difference between the prosecutorial authority or the party's disciplinary inspection department.The second part introduces the legislative status of the retention measures,and analyzes in detail the applicable conditions,approval authority,execution period,implementation norms,cancellation conditions,work requirements during the retention period,and the rights and interests of the retained persons in the Supervision Law.The provisions of related issues.The third part summarizes the theoretical and practical problems existing in the process of applying and using the retention measures by the supervisory organs at the present stage,and analyzes the main causes of the problems in combination with the case handling practice.First,the applicable conditions for the retention measures are not clear enough.The specific manifestation is that the supervisory authority has no clear identification of the facts of the offenders and the facts of the evidence.The “important issues” that require further investigation are not clear;the criteria for the complexity of the case are not clear.etc.Second,the setting of the resettlement places is not standardized,and there are risks in daily management.The main manifestations are the lack of scientific and normative mechanisms for the establishment and management of the resettlement sites;the insufficiency of the retention and care support mechanism;and the lack of coordination of the medical insurance mechanisms in the inhabited places.Third,the retention and approval procedures are cumbersome,and the implementation regulations are not specific.The specific implementation is that the time before the retention and approval is heavy,the risk of handling the case is high,the execution period of the retention measures is insufficient,the procedures for the implementation of the retention measures are to be improved,and the scope of human rights protection is narrow.Fourth,the connection between the retention measures and the criminal justice process is not smooth,mainly reflected in the unclear conversion method of the retention measures and criminal enforcement measures,the need to improve the supplementary investigation procedures,and the need to strengthen the legal supervision of the retention measures.The fourth part of this paper,from the concept of refinement,clarifies the applicable conditions of the retention measures;establishes special retention places,strengthens daily management;simplifies the approval procedures for retention measures,standardizes the implementation of retention measures;strengthens the connection with criminal justice organs,and improves the efficiency of case handling,etc.On the other hand,relevant suggestions for improving the retention measures were put forward.