On The Difficulties And Improvement Suggestions Of China's Monitoring Lien Measures

In order to maintain social stability,crack down on corruption and prevent corruption,in accordance with General Secretary Xi Jinping's requirement of running the country according to law in an all-round way,China has carried out in-depth reform of the supervision system in recent years.With the completion of the pilot reform in Shanxi,Beijing and Zhejiang provinces and cities,and the promulgation of the Supervision Law of the People's Republic of China,China's anti-corruption work has entered a stage of comprehensive investigation,evidence collection and legal treatment of duty-related crimes.In the process of the reform of the supervision system,the establishment and use of the supervision detention measures are the most noticeable.The supervisory law guarantees the implementation of the detention measures of the supervisory organs,but it does not mention much about the protection of the rights of the respondents who have taken the detention measures and the power restriction of the detention measures.At present,there are still some problems in the supervision lien,such as arbitrary application,excessive occupation of judicial resources,and easy violation of the rights of the detainees.As a very strict compulsory measure,supervision lien is closely related to citizens' personal freedom.If improperly used,it may lead to abuse of power.The reasons for the dilemma of the application of supervision lien lien lie in the short time of its establishment,the lack of experience that can be used for reference,the imperfection of the relevant legal system,and the establishment of the supervision organ in a short period of time from various departments to select and merge personnel,the various sources of the applicable subject of supervision lien,and the inadequate application ability.Through on-the-spot investigation of detention sites and summary of academic circles on the application of monitoring detention measures,combined with China's anti-corruption situation,this paper puts forward some suggestions for the improvement of monitoring detention: first,specify and fix special monitoring detention sites;secondly,promulgate laws and regulations related to monitoring detention;lastly,timely summary;Implementation of successful experience.In order to ensure that the supervisory organs in accordance with the law to exercise supervision power to crack down on corruption,while safeguarding the legitimate rights and interests of the investigated,and hope to further promote the reform process of the supervisory system.