Analysis On Practical Issues And Countermeasures Of Supervision Authority’s Detention Measures

The reform of the state supervisory system and the establishment of the supervisory committee has broken through the original state power operating system and the legal supervision system.As a brand-new mechanism,The Supervisory Authority,which is incorporated into the state power operation system by The Constitution Law Amendment(2018)and Criminal Procedure Law(2018),has combined of the supervision party internal review,administrative supervision,and duty crime investigation.The three duties have simultaneously moved towards openness,standardization,and regulation,demonstrating the positive significance of the nomocracy thinking in the field of anti-corruption.Supervisory Authority’s detention measures,created by Supervision Law of the People’s Republic of China(2018),derived of the “Two Designated”“Two Regulations”ordered by discipline inspection or administrative supervision organ.Compared to Criminal Procedure Law,Supervisory Authority’s 15 investigation measures mean no difference to coercive measures,of which detention is the highly concerned and discussed topic in jurisprudential circle,mostly debate about the political attributes or power character of detention measures.Due to Supervisory Authority’s detention measures constitute a direct restriction of personal rights,it shall be identified as coercive measures,which is much more in line with the legislative intent.Judging from the effectiveness of law implementation,detention measures are more powerful,but lack of supporting system,like bail pending trial.It reflects that Supervisory Authority’s investigation system is short of hierarchy,which shall need further refinement in legislation practice.Otherwise,detention measures’ high utilization rate,unreasonable application standard and process arouses controversy.Based on Legal Analysis and empirical research,it could be concluded that,Supervisory Authority is obliged to comply with the Principle of Legal Reservation,of Proportionality and Due Process while applying for detention measures.Application standard of detention measures for duty criminals shall be kept with Law of Criminal Procedure and maintain prudent.What calls special attention is that cases returning for supplementary investigation should not use detention measures.And Supervisoryjurisdiction.Supervisory Authority’s detention measures have got the same decider,executor and supervisor,which exists shortcomings of necessity review and right remedy institutions.Therefore,Writ System is worth considering.