Analysis On The Problems In The Application Of Supervision Measures And Its System Perfection

Since the start of the reform of the state supervision system in November 2016,as the most important means of investigation by the supervisory organ,detention & supervision has attracted wide attention from all walks of life and is also one of the focuses of academic controversy.A year later,General Secretary Xi proposed in the 19 th National Congress of the Communist Party of China to promote national monitoring legislation and replace " double regulated(require to report his or her problems within a prescribed time and in a prescribed place)" with Detention.After that,the National People's Congress(NPC)of the People's Republic of China formally reviewed and passed the Supervision Law in March 2018,which provided a legal basis for the supervisory authorities to use detention measures.But,due to the tight reform time,heavy tasks and wide coverage,the reform experience is not rich enough,and the enactment of a “Supervision Law” alone cannot meet the practical needs of the reform,and it is also necessary to accumulate experience and practices through the reform practice nationwide to promote the continuous improvement of relevant laws and regulations.This paper aims to combine the relevant problems in the reform,analyze the causes of the problems,and propose ways and methods to further improve the use of detention measures.The first part of the article focuses on legal analysis of detention measures.By comparing the supervision of detention measures with the “two regulated(require to report his or her problems within a prescribed time and in a prescribed place)" and " Liangzhi(explain problems at the appointed time and place)" as well as in the sense of civil law and police law,this paper puts forward the power sources and attributes of detention & supervision measures.The second part of the article puts forward the problems existing in the application of detention & supervision measures from the aspects of system and practice.The aspects of system includes implicit conflict of laws and regulations,collective research decisions on detention measures in current supervision laws,the number of times the same subject can be retained,and the involvement of lawyers during the detention period are not clear.As for the aspects of practice,the main problems are due to the non-uniformity of the construction standards of the places of detention,the low efficiency of examination and approval of detention,the excessive threshold for the detention of the special cases,and the lag in detention & supervision and the construction of escort teams.The third part of the article analyzes the causes of problems in the use of detention and supervision measures.There are reasons for the inadequacy of laws and regulations,reasons for lack of practical experience,and reasons for the ability of personnel.The fourth part of the paper,aiming at the existing problems,puts forward suggestions to improve the application of detention & supervision measures from the aspects of system and practical,including improving relevant laws and regulations,speeding up the construction of detention places,strengthening monitoring and escort team construction,etc.,and proposes solutions to the deepening of the next supervision system reform.