On The Lien Measures Of Supervisory Commission

With the reform of the supervision system,the supervision law clearly stipulates the lien as one of the twelve investigation measures of the supervisory commission.As an important investigation measure of supervisory organ,the lien measure plays an important role in the breakthrough of supervisory investigation.The investigation of duty crime by the supervisory commission is essentially the investigation of duty crime,but it is not restricted by the criminal procedure law.During the detention investigation by the supervisory organ,the personal freedom of the investigated person is restrained and controlled,and he/she is completely out of contact with the outside world,and he/she cannot obtain the help of lawyers.To some extent,the protection measures of the rights of the investigated person still need to be further clarified.At present,China's relevant supervision system is not yet structured and perfect,the provisions of the supervision law on the measures with a lien appear relatively simple,the application standards of the measures with a lien and the provisions of its examination and approval procedures should be more detailed,and the implementation of the measures with a lien still needs to be standardized and sound.The supervisory commission should not only smoothly investigate and handle the case,but also protect the rights of the investigated so as to prevent the abuse of power from infringing upon citizens' rights.The first chapter of this paper mainly expounds the concept and characteristics of the measures of supervision and detention,and analyzes the significance of the measures of supervision and detention to the work of supervision and investigation.The second chapter puts forward the necessary conditions and related examination and approval procedures for the application of the measures of supervisory lien,and believes that the application of the measures of supervisory lien should be decided at a higher level by the supervisory organs below the provincial level on the basis of the existence of the actual criminal cases to be investigated and the necessity of the lien.The third chapter mainly analyzes the problems of perfecting the execution mechanism of the lien measures,advocates the establishment of the place with the lien independently managed by the supervisory organs,timely execution of the effective lien measures,and the removal of the lien measures.The fourth chapter proposes to improve the supervision and balance mechanism of the lien measures and supervise the lien activities from various aspects.