Research On The "lien" Measures Of The Supervisory Committee

In December 25th,2016,a measure called detention showed up to arm national supervision system.At present,law of supervision has set up regulation on this measure,and practice about it has carried out on pilot areas,but arguments still exist on the field of both practice and theory.This paper chooses a number of relative concepts as research object,and holds the study by comparing between old and new,one and the other law department,home and abroad.Although these three comparing groups can’t cover all features of detention measure,they are the focus of academic research on this measure.Therefore,they have certain representativeness.This paper studies and combs the problem by means of document analysis,empirical research and comparative method,which can enrich and perfect the original relevant theoretical research,make up the gaps in the current study of detention measure,shed some light on dealing with arguments of this measure,so as to better guide the judicial practice.In addition to the introduction and conclusion,the main content of this article is as follows:The first part:The presentation of detention measure in national supervision system.This part teases out the current research situation of theory and practice through summarizing regulations on detention measure,practical acts,and focus of academic community.At present,the draft law of supervision and practice of pilot areas have made some exploration on detention measure’s examination and approval procedures,applicable condition and time limitation,etc.,but still have room for improvement,such as guarantee of human rights,judicial supervision and procedural perfection.The second part:The relationship between detention measure and "two regulations".Reports of the 19th National Congress of the Communist Party of China cleared that,using detention measure to replace "two regulations".This part teases out the reason of detention measure replacing "two regulations" by comparing and discussing these two measures.Through the comparison between old and new,this part provides theoretical basis for the construction of detention measure in the reform.The third part:The relationship between detention measure and relative measures in present law.In China’s written law,only The Law of Police has regulation about detention,but detention measure of supervisory commission is different,and more close to the regulation of designated surveillance in The Criminal Procedure Law.This part concretely analyzes progress and defect of detention measure in the aspect of guarantee of human rights,judicial supervision and procedural perfection,through horizontal comparison between detention measure and police’s detention,detention measure and designated surveillance.The fourth part:The comparison between detention measure and relative foreign supervision measure.This part designates three relative foreign supervision measures(including arresting relevant person,requesting assistance from relevant department,and lodgment in court)to make comparison with detention measure,and analyzes the nature difference,to provide reference for detention measure.The fifth part:Conclusion of comparison and suggestion for improvement.Through comparison and analysis above,the feature and defect of detention measure can be summarized.On this basis,this part puts forward suggestion for improvement on guarantee of human rights,judicial supervision and procedural perfection.