Study On The Application Of Supervisory Lien Measures

The lien measures of supervisory,as an important means of investigation by the supervisory commission,will have far-reaching impact on China's prosecution of duties and crimes in a certain period of time in the future.Although the promulgation of the Supervision Law has preliminary regulated the application of the retention measures,through the investigation and analysis of the status quo of the application of the supervision of the retention measures in China,the pilot exploration and comparison and the monitoring of the legislation,it is found that the current application of the retention measures are still in the initial stage,there are many problems that need to be solved.To this end,this paper will summarize and analyze the shortcomings and problems existing in the process of applying the lien system through empirical research and statistical analysis,which based on the other operation mechanism of compulsory measures.The basic principles to be followed,the application and improvement of the path of the retention measures should be studied based on the theoretical results ot experts and scholars.These studies will provide a reference for the supervisory authority to regulate the use of lien measures and scientifically apply the lien measures,so as to seek the "the greatest common denominator,for human rights protection and combating corruption.This paper is divided into tour parts:The first part is an overview of supervisory function and supervisory retention measures.Starting from the constitutional structure of "combination of legislative and executive powers,in our country,we define the concept and nature of the supervisory power and the supervisory of the retention measures,and analyze the characteristics of the supervision of the retention measures.Through comparing the supervisory of the retention measures,criminal enforcement measures,administrative enforcement measures and other coercive measures,we can better grasp the positioning of the retention measures,clarify the role of the retention measures,and regulate the application of the retention leasures.The second part is an analysis of the status quo of China's supervisory of retention.In conjunction with the " Supervision Law,and other laws and regulations,the main body ot the supervision of the retention,the applicable objects and the applicable procedures are summarized.The applicable requirements for the retention of the retention measures are clearly defined and the applicable standards for monitoring the retention measures are discussed from both side,which will provide benchmarks tor problems with the application of the measures.The third part is the problem in the application of China's supervision of the retention measures.Mainly combined with the relevant provisions on the retention measures,the paper analyzes the practical results of the application of the supervision of retention measures in China,and summarizes the problems in the application of the supervisory retention measures in the four aspects of entity,procedure,supervision and relief,mainly including the object application is too broad,inadequate procedures for collective decisions,lack of effective remedies,and unclear external supervisory.The fourth part is a comprehensive path to the application of the supervision of retention:easures.It mainly discusses the basic principles that should be followed in applying the lien measures in the context of the "division of cooperation and mutual restraint" between the supervisory authority and the judicial organ.And from the four aspects of improving the applicable procedures,supervision mechanism,and relief system,this paper puts forward reasonable suggestions for improving the application of supervisory retention measures.