Research On The Connection Between Supervision Lien Measures And Criminal Compulsory Measures

With the reform of supervision system being carried out in full swing,the supervisory commission investigated the cases of illegal and criminal duties.The special agency of them,the supervision lien is the 12 measures that the supervisory commission can use.Once put forward,it has caused the widespread discussions in the society.Because the supervisory commission is a new political machine,the supervision lien is a means of investigation which can restrict personal freedom granted to the supervisory commission.To say the surveillance liens are highly expected because of their special nature and their compulsion on personal liberty.The hope is to improve the efficiency of investigating and handling illegal and criminal cases,and to deter public officials from corruption.It is to build a political ecology where the wind is clean and the air is clean and the sea is calm.The process of truth is to discover problems and solve the problem.In the process of monitoring the operation of a lien,obstacles inevitably arise.This obstacle manifests itself in the right.In the process of examining and prosecuting the case of lien,how to take criminal coercive measures to the case of lien,that is to say,supervision and retention connection with criminal enforcement measures.The purpose of this paper is to study the current law of surveillance lien.Combined with the actual work of the supervisory organs,the paper further analyzes the causes and effects of the problems in the process of the connection between the supervision lien and the criminal enforcement measures,so as to put forward constructive suggestions for improvement and achieving the optimization of the connection between them.Firstly,this paper users literature research method.The research of this paper is based on the data collection,and the literature research method is applied.There are few achievements in the special research on the measures of supervision lien in our country.This paper will selectively absorb and use for reference on the basis of theoretical research,and summarize the historical evolution,legal status and role of supervision lien in the theoretical system.Secondly,the comparative research method is used in this paper.The comparative approach is also used in this paper.Through horizontal comparison with the functional departments in China,the author deeply understands the nature of supervisory commission,the nature of supervisory right and the nature of supervisory lien.Through longitudinal comparison with the criminal case initiation procedures in Italy,Japan,France and other countries,the author concludes the problems in the process of bridging supervision lien and criminal enforcement measures in China.Finally,this paper uses case analysis.This paper also uses case analysis to analyze the cases of lien transferred by the supervisory commission to the inspection organ,so as to get a real and objective understanding.Big data cases are used to compare the connection methods of three kinds of criminal enforcement measures stipulated by law,and different utilization rates are obtained,so as to put forward reasonable suggestions.The preface discusses the research background and significance of this paper in the current academic circle.According to the discussion of academic circles,this paper summarizes the representative viewpoints,so as to have an overall understanding of the connection between surveillance detention and criminal enforcement measures.The first part discusses the history of surveillance lien in the field of private law and public law.Starting from the nature of supervisory commission,the legal attribute of supervisory lien measures is obtained,so as to clearly understand the legal orientation of supervisory lien measures.The second part expounds the essence from the perspective of the consistency of the purpose and the necessity of the procedure.The third part explains there being some obstacles in the process of connection,including the lack of filing procedure at the beginning,the problems of the first detention measures taken in the middle,the lack of legal effect of the recommendation right of the supervisory organs to put forward the criminal compulsory measures,and the lack of 'where to go' provisions on the return of the additional investigation procedures involved.The fourth part puts forward some suggestions for the improvement of the problems in the process of street connection,which are also the innovations of this paper.The first is to make it clear that the legal effect of the procuratorial organ accepting the lien case is the same as that of filing a criminal case.The second is to fix the supervisory organs' right to make suggestions on criminal compulsory measures,taking the procuratorial organs' adoption as the principle,not the adoption as the exception.The third is to specify the time node,time limit and execution place of the first detention.Fourth,we should improve the procedure of returning to the supplementary investigation and clarify the principle of"returning".