Study On Improving The Supervision Commission's Detaining Measures

On December 25,2016,The Standing Committee of the National People's Congress issued a decision to carry out pilot reforms of the national supervision system in Beijing,Shanxi,and Zhejiang provinces,marking the opening of the supervision system reform.The prelude,detaining,as one of the 12 investigation measures of the Supervisory Commission,was officially publicly announced for the first time and has since entered the public eye.On June 23,2017,the Standing Committee of the National People's Congress reviewed the "Supervisory Law(Draft)"and sought public opinions from November 7 to December 6,and reviewed the draft again on December 22.On March 20,2018,the" Supervisory Law"was promulgated and implemented,and the "lianggui" were replaced by detaining,which formally became the mandatory investigation measures of the supervisory committee.Along with these special moments,the detaining measures were once placed under the focus of public opinion,causing sustained high attention inside and outside the party and at home and abroad.It can be said that "detaining"is one of the hottest topics in the "Supervision Law"legislation and even the reform of the national supervision system.The analysis,research and controversy of the Supervision Commission's detaining measures have been carried out since the beginning of the pilot of the national supervision system.For example,when the" Supervision Law(Draft)"was open to the public,Professor Chen Guangzhong,a well-known legal expert,proposed eight amendments,covering the supervision of the National People's Congress,the independent exercise of procuratorial power,and the involvement of lawyers.The fifth point concerns the issue of detaining.He believes that the first is to stipulate that the monitoring measures to limit personal freedom are too singular,and it is recommended to add "guarantee" measures.Second,the exceptions in the draft that "obstruct the investigation,may not notify the family members" should be abolished;third,the detaining should be further clarified.Sites are recommended to be implemented in a separate detaining room in the detaining center.Chen Ruihua,a professor at Peking University Law School,also raised seven questions about the location of the detaining measures and the lawyers' meetings during the detaining.In addition,a group of scholars represented by Professor Qin Qianhong from Wuhan University Law School and Professor Wu Jianxiong from the Law School of Xiangtan University also conducted extensive researches on the detaining measures of the Supervisory Commission and put forward some unique viewpoints and opinions.The detaining measures are major problems that involve restricting the rights and interests of citizens,such as personal freedom.They are very strict and deserve serious analysis and research.Some scholars even believe that the monitoring of detaining is legitimate and legal,and it is decided whether to uphold and develop the supervision of the rule of law and determine the legitimacy of the supervision system reform.Based on this,this paper carefully analyzes and summarizes the relevant literatures of many scholars,extensively collects relevant detaining cases from all over the country,and combines its own practice of discipline inspection and supervision to study the hot topic of "detaining".Explain the generation of detaining measures,analyze characteristics,and clarify significance.Analyze the current status of the implementation of the detaining measures,and point out that there are problems,and on this basis,put forward some suggestions for improvement.Through the above research steps and related work,the author proposes that both the "prudent use"and the "good use"of the detaining measures should be made,the detaining subject should be clear,the execution object should be narrow,the implementation conditions should be strict,and the extension of the detaining must be approved by a third party.The professional detaining and care team and other opinions and suggestions hope to be able to exercise the legalization of the detaining measures,truly realize the balance between controlling crimes and safeguarding human rights,and finally eliminate corruption and even promote the modernization of the national governance system and governance capacity.