The Study On The Lien Measures Of The Supervisory Ccommission

The supervision law of the People's Republic of China,adopted at the first session of the 13th National People's Congress,entrusts the supervisory commission with the functions of supervision,investigation and disposal and 12 investigation means such as conversation,interrogation,search and lien.As one of the main contents of the state supervisory power,the exercise of investigation power is to restrain the public power of the state and the public power of society.As an important means to restrain the personal freedom of the investigated,lien replaced the "double standard" and "double finger" measures in the party and brought the discipline inspection measures into the track of rule by law.The lien measures must be implemented in accordance with the law,independently and impartially,and must not exceed a certain proportion.To initiate the formal indwelling measures,it is necessary to comply with the standards stipulated in the supervision law,and the supervisory staff will choose to retain the investigated person after they have obtained certain factual evidence to facilitate the subsequent investigation procedures.As a measure to restrict personal freedom,indwelling measures should be restricted by setting up internal and external supervision and restriction institutions,strengthening the functions of judicial organs and strengthening the protection of human rights.At the same time,using the right to restrain the power is one of the effective ways to prevent the abuse of power.Therefore,the detainee's right of representation,right of defense and right of relief are guaranteed in accordance with the law.In particular,the respondent has the right to appoint a defense lawyer from the date of taking the lien measures,so as to truly protect the legal rights of the detainee and make the lien measures run on the track of the rule of law.The first part expounds the basic theory of indwelling measures from the literal level of measures to explain the concept of the lien,clarify the difference between its and related concepts,from the exercise of the subject,the applicable objects,the indwelling time and place four constitutive requirements in terms of combining law in-depth lien measures constitutive requirements,in-depth interpretation of its characteristics.The second part interprets the value and significance of the lien measures.The emergence of the lien measures is an inevitable requirement of establishing an efficient anti-corruption mechanism under the rule of law.The value and significance of the lien measures embody the strategy of rule of law.It is conducive to the collection of fixed evidence,and at the same time reflects the requirement of centering on the evidence,and the collected evidence material needs to conform to the rule of exclusion of illegal evidence.To achieve national anti-corruption means innovation;It is the legal embodiment of protecting legal rights and interests.In the third part,based on the legal basis and practice of the lien measures,the problems existing in the system of the lien measures are analyzed,such as the excessive time of the lien,the unfixed place of the lien and the lack of rights of the investigated person during the lien period.The fourth part,aiming at the problems existing in the system of lien measures,puts forward a plan to perfect the system of lien measures in accordance with the basic principles of safeguarding human rights,procedural law and system coordination.This paper mainly expounds the three aspects of improving the execution of the indwelling measures,complementing the ex post relief and establishing the supervision and restriction mechanism.In particular,the conversion of criminal coercive measures after filing the case needs to be effectively connected with the procuratorial organs to prevent the overdue restriction of the personal freedom of the person under investigation.