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On The Nature Of Supervision Lien From The Perspective Of Joint Anti-corruption Efforts

Posted on:2021-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:S W ChenFull Text:PDF
GTID:2416330626466283Subject:Law
Abstract/Summary:PDF Full Text Request
The right of supervision lien is a new power authorized by the supervision law to investigate and dispose of illegal and criminal acts,It is also a practical measure to fight against corruption by thinking and way of rule of law which widely concerned by the public.The supervision lien affects the smooth implementation of the investigation function of the supervisory commission and the improvement of anti-corruption efficiency,and is closely related to the protection of the rights and interests of the lienee.As an important tool for the supervisory commission to fight corruption effectively,the property of the supervisory lien is not clear,and there are theoretical disputes and practical confusion in different degrees.To this,guided by the spirit of general secretary xi jinping's speech on the reform of supervision system and the formation of anti-corruption synergy,to monitor lien attribute defines the problem theory controversy and confusion for practice guidance,using literature analysis,case analysis,empirical analysis method to carry out the research,the key to clarify the supervision of the lien attribute definition must be made under the anti-corruption together,reveal the supervisory lien has political and judicial compound properties,and is given priority to with political attribute,the judicial attribute is complementary,supplementary supervisory lien on the path of the rule by law perfect Suggestions.The body contains four parts.The first part expounds the basic theory and correlation of anti-corruption joint force and surveillance lien.This paper first expounds the theory of anti-corruption combined force and the trace of supervision lien,then discusses the correlation between anti-corruption combined force and supervision lien.The second part puts forward the theoretical controversy and practical perplexity in defining the attribute of Supervisory Lien.First of all,this paper analyzes four viewpoints of the attribute of Supervision Lien,and points out that the attribute definition faces the dispute of supervision theory and rule of law theory.Secondly,four typical cases of Lien and other cases of investigation and retrieval are listed and analyzed,and the definition of attribute is put forward.Finally,guided by the formation of anti-corruption theory,the nature of Supervision Lien is re-examined,and the causes of theoretical disputes and practical puzzles are analyzed.The third part proposes a practical solution to the dispute on the property of supervision lien based on the theory of anti-corruption joint force.From the perspective of the content and function of the theory of anti-corruption joint force,this paper expounds that the supervision lien has political and judicial attributes respectively.Then,the author expounds that the right of supervision lien has the property of politics and judicature.The fourth part deals with the improvement of the legal way of supervision lien.That is,from the perspective of anti-corruption joint force,this paper explores the construction of a special subject lien procedure,a lien classification system,and a case dropout non-dropout mechanism under the backflow of procedures,so as to provide reference for the improvement of the legalization path of supervision lien.
Keywords/Search Tags:Anti-corruption work together, Supervision lien, Attribute definition
PDF Full Text Request
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