Study On The Detention Measures Of The Supervisory Committee

As the only compulsory investigation measure to restrict personal freedom in the function system of the supervisory committee,the supervisory detention measure is the key point in the reform of the supervisory system,and is also the focus of widespread concern from all walks of life.Whether the setting of detention measures is reasonable or not has a direct impact on the exercise of the investigation function and supervision efficiency of the supervisory organ,and also has a bearing on the protection of the rights and interests of the detainee.Based on the importance of detention measures,the Supervisory Law has made specific provisions on detention measures in up to seven articles,providing legal basis for the application of detention measures.The promulgation of the Supervisory Law has turned the research horizon of academia into the evaluation and perfection of legislative norms.This paper is also based on this research purpose.Specifically,apart from the introduction and conclusion,the article can be divided into four parts,as follows:The first chapter is about the evolution and creation of the supervisory detention measures.The purpose of this chapter is to explore the institutional origin of the supervisory detention measure and its jurisprudence.According to the report of the Nineteenth National Congress of the CPC and the research results of the academia,the precursor of the supervisory detention measure is the "liang gui and liang zhi" measure of the supervisory organ of the Discipline Inspection Commission.The important reason for the evolution of "liang gui and liang zhi" to supervisory detention measure lies in the legal predicament of "liang gui and liang zhi" measures.In addition,from the specific content of the two,the detention measure is not a simple substitute for the "liang gui and liang zhi" measures,but a critical absorption and transformation.There is a specific internal mechanism for the creation of supervisory detention measures,including the internal needs of promoting the rule of law in anti-corruption,the important guarantee to enhance the investigation ability of duty crime cases,and the rule of law path to improve the efficiency of the supervisory committee.The second chapter is the theoretical definition of supervisory detention measures.The determination of the relevant theoretical categories of detention measures is an important guarantee for further research.The purpose of this chapter is to explore the conceptual connotation,attributes and characteristics of detention measures.Firstly,the understanding of the conceptual connotation of detention measures can be carried out through positive definition and conceptual analysis.Secondly,there are disputes on the attributes of the detention measure in the academic circles,such as the theory of Partydiscipline review measures,the theory of administrative measures,the theory of investigation measures and the theory of supervision measures.This paper analyzes the institutional orientation of the supervisory committee,the efficiency of supervision and investigation,and the protection of civil rights,so as to define the detention measure as an independent "supervisory measure".Finally,supervisory detention measures have many characteristics,such as compulsion,exclusiveness,initiative,modesty and restraint,which restrict personal freedom.The third chapter is the normative interpretation of supervisory detention measures.This chapter interprets the legislative norms of supervisory detention measures from three aspects: substantive requirements,operating procedures,rights protection and relief.Specifically speaking,the substantive requirements of detention measure include the subject of exercise,the object of exercise,the applicable conditions,the period of detention and so on.The analysis of the operation procedure of the detention measure is carried out concretely from the start,execution and release procedure.The protection and relief of the right of the object of detention includes three norms: the term of detention can be converted into the term of imprisonment,the protection of the rights of the person under investigation during the period of detention,and the relief of the right of the object of detention.The fourth chapter is about the deficiencies and countermeasures of supervisory detention measures.There are many problems in the practice of detention measures,including the improper application conditions of detention measures,the absence of external restrictions on the adoption of detention measures,the implementation of detention measures is hampered,and the relationship between detention and criminal compulsory measures is not clear.Based on the above-mentioned problems of detention measures,we can improve them from the following aspects.First,apply detention measures differently to the cases of "serious duty violations" and "duty crimes".Second,strengthen the supervision of the procuratorial organs on detention measures.Third,give the investigators the right to entrust lawyers during the period of detention.Fourth,make it clear that the detention house is a special place for detention.Fifth,set up temporary detention measure and detention replacement measures similar to residential surveillance.Sixth,clarify the specific link between detention and criminal coercive measures.