Legal Positioning And Program Construction Of Retention Measures

The Supervision Law of the People's Republic of China(hereinafter referred to as the "Supervision Law")stipulates that the supervisory committee has the power to conduct investigations on public officials who use public powers illegally,and may also place the respondents in specific places under certain conditions.Since then,in the public power sequence,the incarnation measures appear as a new compound power in the public's field of vision.The academic and practical circles have thus initiated active discussions on retention measures.However,the "Supervisory Law" does not specify the concept of the retention measures.The specific conditions and procedures are unclear.The academic community has not yet formed a unified view.Therefore,the author intends to study in depth the specific meaning,legal attributes and applicable principles of lien,so that the academic community can better locate the lien measures,and also better play the role of the lien measures in monitoring the practice and regulate the legal operation of the lien measures.At the same time,as a new type of compulsory measure that restricts or deprives the person's personal freedom,the lien is highly prone to infringement of the lawful rights and interests of the detainee in practice,which is contrary to the basic concept of respecting and protecting human rights.To this end,it is necessary to make a series of detailed provisions on the initiation procedures,execution procedures,cancellation procedures,and rights protection of the indulgent persons,and to facilitate the specific application in practice.In order to better play the anti-corruption function of the retention measures,this article is based on the provisions of the "Supervision Law" and based on the basic theories of jurisprudence,legal logic,criminal law and criminal procedure law,administrative law and administrative litigation law.The specific practice situation in the pilot area,in-depth analysis of the legal positioning of the retention measures and the application of the procedures,and put forward their own views and feasibility recommendations.The author divides the following seven parts into this article:The first part begins with the introduction.The main contents are the introduction of the problem,the literature review,the research purpose and research significance,the research methods,the innovation points,etc.,which is a general introduction to the basic situation of the writing.The second part is the legal orientation of the retention measures.The main content is to compare the retention measures with other similar enforcement measures,and then summarize the specific meaning,legal nature,inherent legal attributes and applicable principles of the retention measures.The third part is the start-up procedure for the retention measures.The specific content includes the constituent elements of the retention measures,the start-up time,and the subject of the examination and approval.The fourth part of the implementation procedures of the retention measures.It mainly introduces the main body of execution,the period of retention,the place of residence,etc.The fifth part is the lifting procedure of the retention measures.The main contents include the situation in the release procedure,the subject of the release,the type and form of the release.The sixth part is the protection of the rights of the insured person-the relief procedure.The specific contents include the basis of relief,the right to know,the lawyer's involvement,the basic living security right of the in lien,the right to appeal,the penalty and the state compensation.The seventh part is to improve the recommendations.On the basis of an in-depth analysis of the specific meanings,legal attributes and applicable principles of the retention measures,legislative proposals are proposed for the improvement of the retention measures.