The Study On The Involvement Of Lawyers In Detention Measures Of Supervisory Commission

After the reform of the supervisory system,the power of the investigation of duty-related crimes originally belonging to procuratorate was transferred to the supervisory organs.At the same time,the Supervision Law of the people's Republic of China(hereinafter referred to as "Supervision Law")gives supervisory organs the power to take detention measures against suspects who were related to duty-related crimes in the course of investigation.Detention measures are used to restrict and deprive suspects' personal liberty.In view of the applicable period and severity of the detention measures,however,the current Supervision Law does not provide for the involvement of lawyers during the implementation of the detention measures at present.The author thinks that this is open to discussion.The duration of detention measures is similar to the investigation stage in criminal proceedings.From the point of view of safeguarding human rights,the detention measures are aimed at suspects of duty-related crimes.The evidences of duty-related crimes are characterized by the difficulty of obtaining physical evidences and the highly dependence on confession.It is difficult to ensure that the rights of criminal suspects are not infringed during the period of detention for several months.From the point of view of ensuring procedural justice,the detained criminal suspects are obviously in a weak position compared with the state supervisory organs.The involvement of lawyers is good for reducing the power gap between the prosecution and the defense and protecting the rights of criminal suspects.From the perspective of power supervision,after the reform of the supervisory system,the supervisory commission and the discipline inspection committee are co-located.Due to the practice of "two brands,one set of people",the power of supervisory personnel actually are mixed.As a way of external supervision,the involvement of lawyers can make up for the shortcomings of other supervision methods.From the point of view of connecting with international practice,the measures to restrict personal freedom generally stipulate the involvement of lawyers.With the improvement of China's internationalization level day by day,In order to better integrate into the international community,relevant terms on involvement of lawyers should be stipulated in our country's law.In addition,from the perspective of making up the defects of China's investigation procedures,reforming the current investigation mode,and improving litigation efficiency,the author believes that provisions concerning the involvement of lawyers should be included in the detention measures.This paper is divided into six parts.The first part introduces the background and significance of the topic,research situation and research difficulties,novelties.The second part introduces the definition,differences from other measures,characteristics,origin of the detention measures.In the third part,the author sorts out and comments all kinds of opinions about opposing involvement of lawyers in detention measures.The fourth part introduces the necessity,feasibility and significance of involvement of lawyers in detention measures.In addition,the author analyzed the reasons behind those opinions.The fifth part carries out the normative design of how the lawyers intervene in the detention measures.The sixth part summarizes the full text.