Study On The Lien Measures Of The Supervisory Committee

In order to integrate anti-corruption institutions and establish a centralized,authoritative and efficient monitoring system,China has carried out a reform of the supervision system,and on March 20,2018,the "People's Republic of China Supervision Law" was enacted,which gave the National Supervision Committee the responsibility of the law.It also gives 12 necessary investigative means such as talking,interrogating,inquiring,inquiring,freezing,investigating,sealing,seizing,searching,inspecting,appraising,and retaining.Among them,lien is a compulsory measure restricting the personal freedom of citizens,which has aroused academic concern.Professor Chen Yuefeng pointed out that "the legitimacy of the supervision system reform depends to a large extent on the legitimacy and legitimacy of the retention measures." Therefore,in order to ensure that the supervision system reform can be effectively promoted,this article will explore the retention measures from four aspects.It can run on the right track.The first part is to explain the basic connotation,origin and legal attributes of the retention measures.Firstly,the term "retention" is analyzed to explore the dual connotations of public and private law as legal words in our legal system,which leads to the concept of lien measures with public law meaning.Main features.Secondly,it elaboratesthe source of the retention measures and clarifies that the retention measures are derived from the “two regulations” and “two fingers”.The generation of lien measures is an alternative to the "two regulations" and "two fingers",and it is the process of incorporating the party's internal discipline inspection measures into the rule of law.Finally,the legal attributes of the retention measures are located to clarify that the retention measures have a combination of administrative and criminal attributes.The second part introduces the extra-territorial investigation measures similar to the retention measures,and draws successful experience from them to provide reference for the operation of the retention measures.This paper selects the detention measures of the Hong Kong Independent Commission Against Corruption as a reference,introduces its efficient operation mode,and concludes that the effective operation of detention measures is inseparable from a sound anti-corruption legal system,a sound rights protection system,and a comprehensive supervision mechanism.The third part is the combination of the theoretical basis and judicial practice of the retention measures,enumerating the problems existing in the operation of the retention measures,such as the approval of the retention measures and the concentration of enforcement rights,the inconsistency of the retention places,the long retention period,and the protection of the rights of the invaders.Not in place,lack of rights relief,etc.The fourth part is about the problems of the retention measure.The author tries to propose innovative improvement programs.Specifically,it includes the following six aspects: defining the applica ble conditions of the retention measures,establishing a judicial revi ew system for the retention measures,unifying the place of retentio-n,reasonably determining the retention period,broadening the relief channels,and establishing a supervision and control mechanism.