Study On The Improvement Of The Measures Of Supervisory Lien

In order to meet the deep-rooted needs of anti-corruption work,accelerate the fight against corruption and crack down on job-related crimes,China has reformed the supervision system,merging the original administrative supervision,anti-graft procuratorate and discipline inspection commission into the supervision commission.In the work exploration and preliminary practice in the pilot areas,part of the experience was also summarized,and then the reform of the supervision system was carried out nationwide.The supervisory commissions at all levels were set up,giving them the power to investigate six types of job-related crimes.In order to ensure the effective implementation of the commission's investigative powers,it has been granted 12 investigative measures,including lien measures,through the supervisory legislation.Lien measures for alleged illegal duty crime personnel,serious position at a specific location specific time limit the personal freedom of a survey lien measures has its necessity of application of it on the case investigation plays a positive role in promoting,can prevent people surveyed escape conspiracy to commit suicide,but,due to the measures of the limitation of personal freedom,shall strictly regulate their applicable conditions of object program,etc.,to avoid public power for private rights violations.Combined with the experience of the pilot areas and inspect the provisions on measures lien,the lien places are not clear,the duration of the indwelling set unreasonable,it is difficult to adapt to the specific needs of the case,the examination and approval of lien is hard to play,the action of the power supervision mode for power law cannot be retained in the case of survey result in human rights protected,these are the problems that exist in the current lien measures.In order to solve these problems and make the lien measures more scientific and standardized,we should start from the legal norms and specify the specific operation of the lien.The place with the lien shall be newly built and equipped with relevant facilities to ensure the normal life and living of the person with the lien.The examination and approval authority of the lien measures shall be entrusted to the procuratorial organ,which shall exercise the alien supervision of power;The term of detention can be divided into short term and long term.To allow lawyers to intervene in the investigation of cases as legal AIDS under appropriate conditions;To grant the investigated person the right to appeal during the period of detention,shorten the time limit for handling the appeal.