Discussion On National Supervision And Retention Measures

General Secretary Xi Jinping stated in the report of the Nineteenth National Congress of the Communist Party of China that the two regulations should be replaced by liens.In order to legitimize liens,the State promulgated the “Monitoring Law of the People 's Republic of China”(hereinafter referred to as the “Monitoring Law”).To effectively promote the reform of China's supervision system and build a clear ecological and political environment.Even though there are practices in three preliminary pilots in Beijing,Zhejiang and Shanxi province that retention measures have achieved initial results in combating corruption,retention as a mandatory measure still needs to be further improved.Although relevant laws and regulations have been promulgated in various places,the provisions of the Supervision Law regarding retention measures are not clearly stated,resulting in vague legal concepts in the application of retention,such as where the retention place is located,whether lawyers are involved and when to intervene and so on,so these ambiguous issues still need to be improved in legal practice,and systematically explained and supplemented in laws and regulations.This article analyzes the supervision and retention measures in accordance with the amendments to the Constitution of the People's Republic of China(hereinafter referred to as the "Constitution")and the legislation of the Supervision Law by combing from the pilot decision to the introduction of the draft Supervision Law,and combining the practical experience of the pilot regions of the supervision system reform.Explore the successful experience gained and the problem that still exist.First,it introduces the background and timeline of the introduction of the Supervision Law,and introduce the concept,nature,and theoretical practical significance of retention measures.By comparing the "two regulations",retention is more legitimate and legal,which is an effective link between party discipline and national law,and is conducive to promoting the reform of China's supervisory system.Secondly,"practice is the only standard for testing truth",the legal theory and practice oftaking detention measures are analyzed,and it is found that the detention measures have unclear deadlines and locations,lack of procedures,insufficient supervision and control,and the respondent's right to appeal and relief is not perfect.Finally,in the context of comprehensively governing the country according to law and the reform of the national supervisory system,replacing “ two regulations ” with indwelling and proposing the legalization path selection of indwelling measures,that recommending the time of indwelling measures can refer to the principle of proportionality,the location requirements and the selection,procedure construction,internal and external supervision,and other aspects to continuously improve its system design,realize the transition between supervision activities and criminal prosecution activities,improve the corresponding supervision mechanism,improve the grievance relief system of the lien,and better promote the strategy of governing the country according to law aims.