Supervision And Research On The Indwelling Measures Of Supervision By The Procuratorial Organs

In 2018,the First Session of the Thirteenth National People's Congress voted to pass the "Supervision Law of the People's Republic of China",which marks the establishment of the Supervision Committee.The supervision organs assume the power to investigate cases of duty-related violations and crimes,in which they have 12 investigation measures in accordance with the law.As one of the investigation measures,the supervision detention measure has replaced the measure of subjecting to questioning at an appointed time and place in the Discipline Inspection Committee and has become a new sharp weapon for the supervision organs to handle duty cases,playing an important role in punishing corruption and cracking down on crimes.At the same time,as a new kind of investigation measure,supervision and detention measure has the severity of restricting the personal freedom of the investigated person.Abuse of power will cause damage to the personal rights of the investigated person,so it is imperative to strengthen the supervision tosupervising and detaining within the law.At the present stage,the supervision to supervising and detaining is mainly internal supervision,which is reflected in the internal examination and approval of the supervision and detainment measures and the special supervision organization set up within the supervision organ.Although internal supervision ensures the independent operation and handling efficiency,it is easy to lead to the abuse of power in the absence of external supervision.As the legal supervision organ stipulated in the Constitution,the procuratorial organ has theoretical basis and practical advantages in legal supervision,so this passage intends to analyze the supervision of supervising and detaining from the perspective of the procuratorial organization,and find out the feasible scheme for the procuratorial organization to supervise the supervision and detention measures.The article will analyze the supervision of procuratorial organizations on supervision and detention measures from three parts.The first part analyzes the supervision and detention measures,and its legal orientation and specific application,finding out the legitimacy of the application of the supervision and detention measures,then analyzing its status quo,finally concluding the rationality of internal supervision and the necessity of external supervision of supervision and detention measures in the existing regulations.The second part analyzes the legitimacy of the procuratorial organizations as the external supervision body.As the external supervision body,The procuratorial organizations should find out the legitimate basis,its legal status,the theoretical basis and practical advantages.The third part is the suggestion about how to construct the supervision of the procuratorial organizations on the detention measures.It is necessary to entitle the procuratorial organizations to examine the necessity of the detention measures and to supervise the implementation of detention measures on the basis of not interfering with the independent handle by the supervisory organizations,so as to form the external supervision of the procuratorial organizations and ensure that the implementation of the supervision and detention measures meets the statutory requirements.