Research On My Country's Supervisory Lien Measures

Under the ruling of the Communist Party of China,Party rules and regulations coexist in the socialist rule of law in our country,the applicable conditions of which are different,in the actual operation process,the Party rules play an effective role in strict governance of the Party,punishment of corruption and so on,but there are also problems that conflict with the laws and regulations.The rule of law requires that the Party rules should be connected with the Constitution and the law,especially in the external application should be transformed,which is also a major matter that needs to be solved since the 18 th National Congress of the Party.At present,the lien measure is a substitute for the "two-fingered" measure of the Party's internal regulations,and its creation is an inevitable requirement of ruling the country by law,and is also an inherent demand for the rule of law in anti-corruption work,and can improve the effectiveness of handling cases.However,there are still great defects in the monitoring of liens,which need to be further improved.The application of lien measures requires not only compliance with legal norms,but also the basic principles of the Constitution and the law.From the internal composition,there are many defects in the application conditions,applicable standards,initiation procedures and lien decisions.From the point of view of the restriction mechanism,the monitoring lien measures lack an effective external restriction mechanism,and in the way of the protection of rights,the protection and relief of the object of supervision is not considered enough,which violates the basic principles of the Constitution concerning the protection of human rights.The link between the supervision and lien measures and the criminal enforcement measures is obviously insufficient,such as the restriction of the operation of the lien procedure itself.The perfection of lien measures is of great practical significance to the progress of the rule of law in our country,and is an effective tool to improve the governance of corruption in the country and ensure the fair operation of public power.For its perfection,but also for our national governance system and governance capacity to improve the improvement of the improvement.In order to ensure the effective operation of the supervision system reform in accordance with the law,it is necessary to refine the relevant provisions of the lien measures,determine the different treatment of the applicable conditions,set up different degrees of lien measures according to the different circumstances of the person under investigation,determine the place where the lien measures are implemented,and establish a complete supervision system outside,establish a lawyer intervention system,improve the protection and relief of the rights and interests of the object of supervision,and bridge the Supervision Law with the Criminal Procedure Law.To exercise the investigative function of lien measures,to fully safeguard human rights and ensure the legitimacy of the reform of the supervisory system.Through the definition of the basic concepts related to the lien measure,the internal and external composition of the problems in the application of the monitoring lien measures in the analysis,the existing problems from the internal structure,external supervision,the rights and relief of the monitoring object and the link between the criminal coercive measures to make perfect suggestions for the lien measures,trying to provide effective guarantee of the operation of the lien measures,give full play to the role of lien measures and the monitoring organs of anti-corruption,and further promote the reform of the supervision system.