Research On The Lien System Of The Supervisory Committee

As an important investigative measure enjoyed by the Supervisory Committee,detention was born along with the reform of the state's supervisory system,and it will certainly play an important role in China's anti-corruption process.Since the detention is an investigative measure that can limit personal freedom,and the law does not stipulate the right of lawyers to intervene,this system has received widespread attention from the academic community since its birth.At present,China's supervision system is not perfect,and many issues still need to be further detailed in relevant laws and regulations.On the one hand,studying the detention system of the Supervision Committee can promote the normal operation of the detention power and promote the anti-corruption process of the rule of law;On the other hand,the legal rights and interests of the respondent can be protected.The article first studies the basic theoretical issues such as the detention concept,characteristics and power attributes of indwelling;It believed the detention is an investigation measure that the Supervisory Committee in order to further investigate the facts and evidence of the crimes committed by the person under investigation and their accomplices who suspected of serious duty violations and duty crimes.According to certain procedures,those people will be taken to a specific place to cooperate with the investigation.Detention comes from the “two regulations” measures within the Chinese Communist Party,and has the characteristics of quasi-judicial,personal restriction and proactiveness.Detention is different from detention cross-examination and criminal coercive measures,and has the property of monitoring mandatory measures.Secondly,the understanding and application of the retention system are discussed,and it is considered to be applicable to serious duty violations or serious duty crimes.The applicable objects are the investigated persons and their accomplices suspected of serious duty violations or serious duty crimes.Researched again the connection mechanism between the detention and other legal procedures and the rights protection of the detainee,and believed that the lawyer should be allowed to provide legal assistance to realize the rights protection of the detainee.Finally,it discusses the problems and suggestions for improving the detention system.It points out that the current application of detention is not clear enough,the rights remedy system is not perfect,and it also lacks a strong external monitoring mechanism.It is believed that the application situation of detention should be further refined,and the violation of duties and crimes should be separately stipulated.At the same time,a more complete rights remedy system for the investigated objects should be constructed,and the external supervision applicable to detention should be further strengthened.In addition,the National Supervisory Commission can explore the establishment of a detention system guidance system to guide local supervisory agencies at all levels to scientifically regulate and apply detention.