On The Cohesion Between Retention Measure And Criminal Coercive Measures

The formulation of the "Supervision Law" is a key step in the process of the reform of the supervisory system in China,and the "retention" measure added to the 12 investigation measures stipulated in the "Supervision Law" are undoubtedly the most interesting.This means that the commission has been given the authority to take retention measure.The establishment of the retention measure is an important step in the process of gravity anti-corruption in China.It is applicable to the establishment of a unified and efficient rule of law anti-corruption mechanism.It is the existence of rationality and necessity.The legal nature of the retention is different from the"retention" stipulated in other fields of law in the past.It is neither an administrative coercive measure nor a criminal coercive measure,and it is not a disciplinary measure within the party,but a measure of supervision and investigation.It is different from the legal nature of criminal coercive measures.In judicial practice,when the supervisory committee investigates the cases of suspected job-related crimes,and links up directly with the procuratorial organ.In this process,the conversion of compulsory measures is the key.Whether it is retention measure or criminal coercive measures,it can restrict the personal freedom of the suspect.If the cohesion is not smooth,it will bring the risk to the suspect's personal rights.The harmonious cohesion between the retention measure and the criminal coercive measures is also the inherent requirement and necessary prerequisite for ensuring the smooth progress of the case and improving the efficiency of handling the case,which is conducive to the consideration of justice and efficiency,and to the promotion of an efficient anti-corruption process.We will consolidate the achievements of the reform of the supervisory system.The newly amended Criminal procedure Law has some relevant regulations for the cohesion between the supervisory organ and the procuratorate organ,but it is not perfect and standard.The existing compulsory measures stipulated in the Criminal procedure Law also do not include the retention measure.The Supervision Law provides more rules on the retention measure,but it does not resolve the competition between the retention measure and the criminal coercive measures.Conversion The question of convergence.This mainly lies in the fact that the setting of retention measure is too vague and there are legislative defects.This paper discusses in depth the essence and value of the harmonious cohesion between the retention measure and the criminal coercive measures,and on this basis analyzes the existing obstacles in the course of the cohesion between the retention measure and the criminal coercive measures.Under the Supervision Act,retention measure is similar in intensity to arrest and is a coercive measure that restrict personal freedom.Therefore,the application of retention measure must be strictly standardized.The deciding and executing subject of the retention measure is the supervisory organ itself,so it is difficult for the procuratorate organ and the lawyer to intervene in the operation of the retention measure.For protection The fairness of the retention rules,the strengthening of its restriction and supervision,and the unification of its standards with the relevant standards of criminal proceedings should be determined that the procuratorate organ shall be the deciding body of the retention measure,During the operation of the retention measure,the procuratorate organ and the lawyer are allowed to intervene.This paper focuses on the analysis of the tense relationship between the retention measure and the criminal coercive measures and how to coordinate them.I think that the retention measure should be classified concretely and the alternative measures of custody should be set up.Only by further standardizing its internal procedure,can we realize the connection between the retention measure and the criminal coercive measures.Then it discusses the rules of retention.Failure to distinguish between "serious duty violation" and "duty crime" leads to the lack of logic within the rules.It is considered that a strict distinction should be made between"serious duty violation" and "duty crime" in the retention rules.The boundary between administrative punishment and criminal responsibility should be clarified,and the coordination of internal and external retention rules should be ensured,thus promoting the cohesion between retention measure and criminal coercive measures.Finally,I analyze the imperfections of the legal provisions in the procuratorial organ's decision to return the supplementary investigation procedure,and hold that the principle of "no retreat from the case" should be determined,and the detention center should be set up as a place of retention.The Ministry of Criminal Affairs should be established to be responsible for jointing the procuratorial organ.To realize the decision of the procuratorial organ in return to the investigation procedure,the criminal suspect's personal rights are fully protected,and the compulsory measures and the place of detention are transformed smoothly,thus promoting the cohesion between the retention measure and the criminal coercive measures.