Research On Lien Measures In The Supervision Law

After the promulgation of the Supervision Law of the People's Republic of China(hereinafter referred to as the "Supervision Law"),the lien measures have aroused widespread concern in academic circles.The reform of the national supervision system has replaced the"double-regulation" measures with the lien,and completed transformation from the inner-party measures to the national supervision measures.The detention measures can make up for the shortcomings of previous administrative supervision methods which are limited ineffective.It is of great significance to promote the institutionalization and legalization of anti-corruption.As a new compulsory measure,although the implementation of the lien measures has achieved remarkable results,there are also some new problems,such as the unclear nature of the lien measures,too broad application conditions,too long period,inappropriate examination and approval procedures,lawyers'inability to intervene in the lien cases,imperfect supervision mechanism and so on.Therefore,this paper studies these problems and suggestions to solve the above problems,hoping to benefit the smooth implementation of the retention measures.The innovative points of this paper are as follows:firstly,it systematically puts the right relief of the detainees,including the right to be free from forced confession,the right to state defense,the right to appeal for relief,the right to claim state compensation,and the right apply for review.Although the Supervisory Law stipulates the relief right state compensation and review,it is still not perfect,so the author puts forward the right of freedom from forced confession,right of defense right of appeal and relief.Secondly,supervision mechanism of detention measures is put forward systematically,including internal and external supervision.Among them,in the external supervision,the author puts forward the social public opinion supervision which the academic circles seldom pay attention to.This paper studies the detention measures from the following five parts:The first part:The summary of the detention measures in Supervision Law,introduces in detail the background,connotation,nature and implementation significance of the detention measures.The second part:the applicable norms of the detention measures,elaborate principles and conditions of the application of the detention measures,and analyzed the place and duration of detention.The third part:The right relief of the detained person,introduces five kinds of relief rights of the detained person in detail.Part ?:Problems in the implementation of retention measures.Combined with the implement detention measures in the pilot areas,the specific problems in the implementation of the detention measures are analyzed.Part ?:Suggestions on improving the retention measures.In view of the problems existing in the pilot areas and the detention measures after the implementation of Supervision Law,the author puts forward corresponding suggestions.