Study On The Lien Measures In The Supervision System Of Our Country

At the end of 2016,the Standing Committee of the National People’s Congress passed the decision on the reform of the national supervision system.The decision confirmed the establishment of a supervisory committee in the three districts,namely,the municipality,the provinces and the provinces,and entrusted the supervisory committee with the authority to supervise,investigate and dispose of the cases.It also laid down 12 specific measures for handling the cases,including the new survey measure of lien.In March 2018,the "supervision law" was promulgated and implemented,providing legal guarantee for the wide application and implementation of lien measures in the supervision system reform.On the basis of summing up the experience of anti-corruption in the past,lien measures have emerged to meet the requirements of anti-corruption in the new situation.Therefore,it is of epoch-making significance to replace "two regulations" with lien.In nature,lien measures are different from administrative investigation measures taken by public security organs when they perform lien interrogation and criminal compulsory measures taken by procuratorial organs when they exercise their investigative powers.They are a new investigative measure tailored for the exercise of investigative powers by supervisory committees with administrative,criminal,compulsory and modest attributes.Because the lien measures have the legal effect of restricting and depriving citizens of personal freedom in the process of implementation,if not regulated,it will easily fall into the abyss of power alienation.Therefore,the adoption of lien measures should strictly follow the principles of human rights protection,power restriction and proportionality,and strictly follow the applicable procedures for approval,implementation and removal.At the same time,the lien measures should be perfected in terms of applicable conditions,applicable procedures and right relief,so as to avoid the abuse of lien measures and maximize the protection of the legitimate rights and interests of the detainees.