Commission On Lien Procedures Study

The reform of the supervisory system is a major political decision made by the central government in light of the new situation and new requirements in the fight against corruption.After the sixth plenary session of the 18 th CPC central commission for discipline inspection(ccdi),the CPC central committee with xi jinping at the core decided to set up a centralized and unified anti-corruption task force,the supervisory commission,which is the national anti-corruption agency under the unified leadership of the CPC.On March 20,2018,the first session of the 13 th National People's Congress voted to adopt the supervision law of the People's Republic of China,forming a national supervision system covering all state organs and civil servants.The supervisory power exercised by the supervisory commission is a new type of power besides the traditional legislative power,executive power and judicial power,which includes three basic functions and powers: supervision,investigation,inquiry,freezing,seizure,seizure,seizure,search,inquest,verification and lien.Among them,this paper discusses the lien measure.The lien measure of the supervisory commission is an investigation measure that restricts personal freedom and has the characteristics of administration,compulsion and initiative.If there is no clear boundary and the procedures of the lien measures effective supervision and restriction mechanism,appear easily non-standard use or misuse,together with the inspection act of the People's Republic of China is not detailed stipulations in lien measures related procedures,in various places have different supervisory committee lien measures in practice,therefore,the author using comparative research and empirical analysis,sociological analysis and other research methods,from the rights and power restriction two aspects,the research program of measures of lien issue: in terms of rights,one is to through the lien measures implementation program,execution,authority of the security supervision committee retained to perform effectively;The second is to protect the rights of the persons with lien by studying the procedural relief of the lien measures.In the aspect of power restriction,it is to study the restriction and supervision in the procedure of the lien measure,strictly regulate the application of the lien measure of the supervisory commission,and improve the self-supervision and external supervision of the supervisory commission.In addition to the introduction,this paper first discusses the concept and characteristics of the procedure of the lien measures,mainly from the two aspects of the lien measures and the procedure of the lien measures to discuss its concept and characteristics;The core discusses the implementation procedure,the implementation procedure and the supervision,restriction and relief of the procedure of the lien.The implementation procedure and the implementation procedure of the lien are discussed in detail.The problems of supervision,restriction and relief of the procedure of lien measure aim at perfecting the supervision and restriction of the procedure of lien measure and protecting the rights of the person with lien to the greatest extent by discussing the supervision of the procedure of lien measure,the lawyers' intervention during the period of lien and the channels of appeal during the process of establishing the lien.Finally,it discusses the connection between the procedure of the lien measure and the judicial procedure,and mainly discusses the relevant issues of the transfer of justice,the evidences obtained during the period of the lien,and the deduction of the term and term of the lien.This paper puts forward the following Suggestions: firstly,it is suggested to set up the channel of appeal during the period of lien;Second,it is suggested to specify the time limit for the supervisory organ accepting the application to handle the application and the time limit for the supervisory organ at the next higher level to review the application;Third,it is suggested to strengthen the supervision mechanism of the procuratorate of the supervisory commission,the internal supervision mechanism and the supervision mechanism of the people's supervisors.