Studying On The Issue Of Detain Measures Of The Monitoring Committee

Since November 7,2016,the Central Office has issued a pilot program for the reform of the supervision system of the three provinces and cities.In the report of the19 th National Congress of the Communist Party of China,General Secretary Xi Jinping pointed out that "the two measures will be replaced by lien" until the "Supervisory Law" was promulgated in March 2018.The disciplinary inspection power of the former Central Commission for Discipline Inspection has risen to the state's supervisory power,and the retention measures have replaced the“double-regulation” measures of the Disciplinary Committee as the latest product of the supervision system reform.As a product of deepening the supervision system reform and high-pressure anti-corruption,it is an inevitable requirement of the anti-corruption struggle in the new era environment.The controversy of its power operation mode and applicable principles belongs to the current academic hotspots.This article will focus on the discussion.Although the "Supervisory Law" clearly stipulates that the supervisory committee and the judicial organ should "mutually restrict and cooperate with each other",in the practice of handling cases,the coordination between the supervisory committee and the judicial organ involves many aspects.Among them,after the investigation of the case is over,the supervisory committee must transfer the case to the procuratorate for review and prosecution,which is the first port for the transfer of the case procedure.How to standardize the procedural content of the Criminal Procedure Law and the Supervision Law in the specific docking,there is obviously a space for exploration in academic and practical aspects.The retention measures have obvious inheritance and development relationship with the “two regulations” from the implementation subject,effect and purpose,and the retention measures and criminal detention have obvious commonalities,but in time it greatly exceeds the criminal detention for 34 days.The maximum period,the above two points are worthy of discussion.At the same time,the rights protection ofthe respondents who have taken the retention measures and the supervision problems in the process of applying the retention measures are also the academic “rich mines”that are worthy of further exploration.This paper will also discuss them.