Monitor The Predicament Of Lien Measures And Their Breakthroughs

The implementation of the "the Supervision Law of People's Republic of China"(hereinafter referred to as the Supervisory Law)provides legal protection for the replacement of the "two regulations" by the detention measures,and provides institutional guarantee for the relevant investigation activities of the supervisory organs.The only one of the 12 investigation measures stipulated in the "Supervisory Law" that can impose restrictions on personal freedom,due to its imperfect legislation and the stage of exploration,is justification,necessity and operability.There are also various crises in the effectiveness,which are manifested in the lack of legitimacy,the unclear positioning of legal nature,the vague positioning of power boundaries,the lack of procedural norms,the poor connection with criminal trials,and the difficulty in effectively protecting human rights.In view of the predicament of monitoring the lien measures after the promulgation and implementation of the Supervision Law,the paper puts forward the following suggestions: adopt the “two-point structure” type of the detention measures,improve the application of the detention measures,and clarify the “administration of duties” and “duty crimes”.Specifically distinguish the standards,improve the connection between criminal compulsory measures and detention measures,and the system of procedures,regulate the procedures for places such as places of residence,deadlines,etc.,increase the intervention mechanism of lawyers and improve the means of rights relief such as the state compensation mechanism.In addition,in response to the above problems,a series of temporary measures have been taken in judicial practice to make up for the deficiencies in the application of legislation and judiciary,including setting the place of detention in the detention center or the disciplinary investigation office,strictly controlling the applicable conditions of the detention measures and allowing inspection.The agency intervened in advance and other measures.The reform of the supervision system reflects the transformation of China's anti-corruption mechanism from "policy anti-corruption" to "rule of law and anti-corruption".It is an inevitable requirement for establishing a long-term anti-corruption mechanism and reflects China's confidence and determination to severely punish corruption.