Research On The Lien Measures In The Supervision Law

On March 11,2018,the new "Constitutional Amendment" was voted through,and a new "Supervisory Committee" was added in Section VII,which established the constitutional status of the Supervisory Committee,and stipulated the directive clauses such as the establishment procedure,organizational structure and responsibility authority of the Supervisory Committee.Landmark.The "Constitutional Amendment" not only implements the policy of deepening the reform of the national supervision system made by the 19 th National Congress of the Communist Party of China,but also provides a constitutional basis for promulgating the "Supervision Law of the People's Republic of China"(hereinafter referred to as "Supervision Law").Subsequently,on March 20,2018,the "Supervision Law" was formally adopted by the first meeting of the 13 th National People's Congress.It provides a four-level supervision system for China and provides supervision for the violations of duties and crimes of state staff.legal protection.The indwelling measure has attracted wide attention as the only one of the twelve investigative measures of the Supervisory Commission to restrict personal freedom.Detention measures are as severe and compulsory as detentions and arrests in criminal proceedings,but because detention measures are implemented within the supervisory system in terms of review and enforcement,detention measures are also administrative in nature,and detention measures are similar to " The Police Act stipulates the investigative nature of investigating persons who have been subjected to compulsory measures during the investigation period.Therefore,the retention measure is an administrative and criminal mandatory detention measure.Constantly improving the specific details of the retention measures has extremely important theoretical and practical value for achieving a balance between fighting offenses and crimes and protecting the legal rights and interests of the detainees.This article is divided into four parts,the basic structure is as follows:Firstly,the basic elements of the retention measures are expounded,and the basic meaning,nature and rights attribute of the retention measures in the Supervision Law are understood from its origin,and through the "retention" and "dual regulations" and "two fingers" in the Police Law,The comparative study of detention and arrest discusses the nature of detention measures,and initiates a scientific discussion on the power attributes,and proposes that detention measures have mandatory,modest,and proactive attributes.Secondly,it analyzes the importance of retention measures to the supervision and investigation work,and proposes that retention measures are not only important measures for collecting fixed evidence,but also a long-term weapon to carry out legal supervision,but also a judicial path to protect the rights and interests of the detainees,and positively affirm the retention measures.Legal value.Re-analyzed the issue of improving the implementation mechanism of the retention measures,discussed whether the supervisory authority should establish an autonomously managed retention place,the lack of the intervention of the detainee 's lawyer,and the application of detention measures during the supplementaryinvestigation,and pointed out the implementation of the retention measures Need to be improved.Finally,the idea for perfecting the retention measures was discussed from the establishment of a unified retention place,strict approval procedures for retention measures,the establishment of a limited intervention system for lawyers during retention,strengthening the effective supervision of retention measures,and the application of detention measures during supplementary investigations.In order to legalize the operation of further improvement of the retention measures,so that it can move forward in a more reasonable and standardized direction,and better meet the requirements for preventing and combating crimes against duties.