Analysis On The Application Of The Retaining Measures In The Supervision Law

The report of the 19 th National Congress of the Communist Party of China clearly clarified the major measures for the state to carry out the reform of the supervision system.By formulating the supervision law,the party's will can be raised to the national will through legislation.The supervision law is a law that plays a fundamental and leading role in the national anti-corruption work.It can turn the anti-corruption power into zero,and can implement the overall supervision of all public officials and realize the organic combination of inner-party supervision and state supervision.Take the road of supervision with Chinese characteristics.On March 20,2018,the "Supervision Law" was officially promulgated,which gave the Commission 12 investigation measures,which clearly stipulated the objects,conditions,procedures and other contents of the supervision committee to exercise the retention measures.However,due to the introduction of the new law,many of the provisions of the problem can not be comprehensive,and many of the concepts involved in the implementation of the retention measures are ambiguous and difficult to define.It is not conducive to the actual operation of the supervisory authority and the human rights protection of the invaders,which needs to be further filled and improved by judicial interpretation.And there are still many difficult issues to be discussed in the implementation of the retention measures,such as: the involvement of lawyers in the retention measures,the choice of the place of execution,the determination of the retention time limit,the connection between the procedures of the retention measures and the criminal justice process,and The establishment of monitoring mechanisms,etc.The analysis of these problems one by one will further improve the provisions of the Supervision Law on retention measures,and lay the future legislative direction,which not only provides legal convenience for the specific implementation of the supervisory organs,but also protects the human rights of the invaders.On the other hand,we will talk about the rule of law in an effective and effective way to advance the rule of law in China.