Research On The Application Of Detention Measures In Duty-related Crimes Survey

With the implementation of national supervision system reform at the end of 2016,a new measure about duty-related crimes survey came into being,that is supervision detention.Its generation has the practical necessity,as well as the historical succession,which has the definite relevance with “two regulation”,“two designation”,detention,arrest,residential surveillance of indicated residence.The passage reveals the detention measure is a supervisory and investigative measure of depriving personal freedom by analyzing the background of supervision detention and comparing the similarities and differences of supervision detention and these measures.Based on it,the thesis takes the legal analysis on the applicable conditions of supervision detention and applicable procedure regulations from the aspect of duty-related crimes survey,and takes the conditions of supervision detention applied in Supervisory commission of C city,S province,analyzes the function positioning of supervision detention in practice,the supervisory commission's understanding and application to the applicable condition and the actual procedure operation condition of supervision detention.By the comprehensive analysis,it is found that there are still many problems in the legal provisions and specific application of supervision detention in achieving the goal of efficient anti-corruption and human rights protection.As for the applicable condition of supervision detention,the provisions of Item 1,Clause 22 of the National Supervision Law are broad,the supervisory commission exists the understanding and application deviation to the applicable conditions of supervision detention,and the investigation of duty crime is weak.As for the applicable procedure of supervision detention,there are specific provisions about the start-up,time limit,inquest and relief of supervision detention in Clause 43,Clause 44 and Clause 60 of the National Supervision Law,containing the contents of procedural justice and human rights protection,but the relevant contents are relatively broad,the supervisory commission exists the problems of improper starting procedure,ineffective execution and lack of supervision in the supervision detention implementation process.This leads to insufficient protection of human rights of the detainees and ineffective anti-corruption measures.Hereto,it is necessary to further make clear and elaborate the applicable conditions,starting procedure,execution procedure and supervision restriction rules of supervision detention applied in duty-related crimes from legislation,at the same time,it needs to perfect the supporting facilities and relevant systems from the aspects of detention site construction,nursing team management and law enforcement personnel's quality and ability promotion of handling cases,which makes the supervision detention take into account to human rights guarantee in achieving the high efficient anti-corruption target.