Study On Legislative Perfection Of The Supervisory Retention Measure

As an investigative measure adopted by the Supervisory Committee that mandatorily restricts or deprives liberty,the supervisory retention measure(hereafter referred to as the “retention measure”)is an important means to guarantee smooth implementation of anti-corruption,and if abused,will severely violate citizen's personal rights.Approval procedures,applicable duration and tort relief of the retention measure are stipulated in the Supervision Law of the People's Republic of China(hereafter referred to as the “Supervision Law”),but the regulations are far from perfect.The Supervision Law is the latest achievement of China's reform of supervisory system,and should not be modified at the present stage.It's suggested that the legislative body may “define the specific connotation of,and make supplements to” current legal provisions on the retention measure through legislative interpretation,to achieve perfection.This can not only further include the measure into the legal framework,prevent it from being abused,and further promote anti-corruption and the reform of national supervisory system to develop towards legalization and standardization,but also maintain legislative stability to the largest extent and effectively guarantee continuous advancement of the process of legalized anti-corruption.Through studying on the legal nature and existing problems of the retention measure and referring to legislative experiences at home and abroad,legislative suggestions are provided for the perfection of this measure.Firstly,it's stated herein that the legal nature of the retention measure is not stipulated by law,and understandings on its legal nature is interpreted through methods including comparative study: it's not an administrative coercive measure,a criminal coercive measure,nor an inner-party measure,but a new mandatory measure with both administrative and criminal nature,with the latter of which being more significant.Then,it's illustrated that the retention measure plays a role in facilitating efficientoperation of the country's supervisory system,achieve effective connection between party discipline and national laws,and realize unification of efficient anti-corruption and human rights protection,and at the same time,the method of social survey is adopted to analyze internal practices of different standards targeting the retention measure launched by local supervisory bodies after implementation of the Supervisory Law,pointing out 7 problems of the measure to be improved through legislation.Finally,the method of comparative study is adopted to reflect that experiences of Singapore,and Hong Kong in granting mandatory measures to anti-corruption agencies through legislation are worthy of reference,and suggestions are put forward for legislative perfection of 7 problems in laws and regulations related to the retention measure in the Supervisory Law,including problems on the approval,duration,premise,supervision and reliefs.