| In the process of the reform of supervision system,the procuratorial organs'investigative power against job-related crimes was transferred to the supervisory organs.With the promulgation of supervision law,the supervisory organs were empowered to take the Supervisory detention in the investigation of job-related crimes.As a measure of restricting personal freedom,the application of Supervisory detention is severe,and the supervision law does not introduce the system of lawyer's intervention,which is worth discussing.Supervision detention is a compulsory means adopted by Supervisory Commission to facilitate investigation and ensure the smooth conduct of investigation activities,so its application is procedural.From the point of view of safeguarding the due process and restricting the power,in order to restrict the powerful supervision right,realize the justice of the investigation result of the Supervision Commission,and guarantee the human rights of the person under detention,it is necessary to guarantee the proper application procedure of the supervision detention.In addition,supervision detention is applicable to duty-related crimes.Duty-related crimes rely heavily on oral confession in terms of evidence.During the detention period of several months,the person subject to detention is obviously in a weak position compared with the Supervision Commission,and it is difficult to ensure that the legal rights of the person subject to detention are not infringed.The intervention of lawyers can help to restrict the right of supervision,balance the power gap between the two sides,and guarantee the human rights of the detained.From the perspective of case handling efficiency,lawyer's intervention does not necessarily lead to the decrease of case handling efficiency of supervisory organs,but is beneficial to the improvement of case handling efficiency in the essential sense.Since the lawyer is involved in the supervision of the lien,based on the facts of the case,the lawyer provides targeted and professional legal knowledge to the respondent on the basis of the legal procedures and rules for handling the case,enhances his/her defense ability and teaches him/her legal countermeasures.In this way,it is beneficial to protect the justice of the case handling procedure and the legitimate rights and interests of the objects under investigation,so as to avoid mistakes in the case handling by the supervisory organs.However,errors in case handling by supervisory organs will lead to incomplete chain of evidence and unclear identification of facts.Such cases may be rejected by procuratorial organs and required to continue investigation after being transferred to the judiciary,thus leading to backflow of procedures.On the one hand,the backflow of the procedure wastes the resources of handling the case,on the other hand,it finally affects the efficiency of handling the case of the supervisory organ due to the repeated investigation.Drawing on similar practices in different jurisdictions,the intervention of lawyers is generally prescribed for measures restricting personal freedom in supervisory procedures.China's international status is constantly improving and international exchanges are developing in depth.In order to better learn from overseas legislative experience and integrate with the international community,we should introduce the system of lawyer intervention.There are four parts in this paper.The first part explains the concept and related concepts of surveillance lien,and discusses the nature of surveillance lien.The second part,first of all,from the human rights protection,power restriction and working efficiency three aspects to discuss supervisory retained lawyers involved in case of necessity,second from the development of the concept of human rights protection in our country,to fit with the current law lawyers and lawyers have successful experience can draw lessons from three aspects:to clarify the lawyer involved in ideology,legal system and the experience foundation,so the lawyers have their feasibility.In the third part,by investigating and thinking about the phenomenon of lawyers' intervention in similar cases in different jurisdictions,it is found that it is a common practice to allow lawyers to intervene in cases that need to restrict personal freedom in the process of supervision.The fourth part,based on the above feasibility analysis and relevant practices in different jurisdictions,designs the system of lawyer intervention according to the actual situation in China.The system design mainly includes the identity orientation,the time,the way,the right,the regulation and the relief of the lawyer's right. |
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