Research On The Issue Of Retention Measures In The Supervision Law

As an important part of the reform of the supervision system,the lien measure has a preliminary legal basis with the promulgation of the supervision law,but as a compulsory measure involving the restriction of personal freedom,There are still many problems in legislation and practice that may infringe on personal freedom,such as vague application conditions of lien,ineffective relief path of lien and unclear time limit and place setting of lien.How to protect the legitimate rights and interests of the investigated,and how to strictly regulate and legally implement the relevant system of lien measures have become the due meaning of the requirements of the legalization of lien measures,and also the urgent task of the current supervision system reform.Therefore,in view of the existing problems,this paper analyzes the basic theoretical issues such as the evolution,nature analysis and the differences between the lien measures and the relevant legal lien measures,and emphatically analyzes the problems existing in the legislative and practical aspects of the lien measures,thus puts forward the corresponding perfect suggestions.As a compulsory measure to restrict personal freedom,lien measures should first give sufficient legitimacy to the subject of supervision law in the constitution,and improve the lien objects and applicable conditions by listing.At the same time,from the perspective of the completeness of infrastructure and the reality of saving judicial resources,the place of custody should be set up in the former dual planning place or detention center as the legal place of lien.In terms of the time limit,it should be clear about the circumstances that can be extended and the time limit given to the investigation after the procuratorate returns the investigation.In terms of the ways of relief,such as the ways of relief in which the lawyer intervenes in advance and the ways of relief in which the state compensates afterwards,as well as in terms of supervision and restriction,it is necessary to set up a special department in the supervisory committee or send it to the procuratorate for the examination,supervision and investigation of evidence afterwards,set up a corresponding supervision department in the people's Congress,expand the channels of social supervision,etc.,and in terms of state compensation We should make clear the subject of compensation,include the supervision committee into the subject of compensation responsibility,and issue the corresponding laws and regulations on compensation procedures.In order to construct the legitimacy and legitimacy of the lien measures,I put forward my own suggestions,and promote the reform of the supervision system.