Study On The Measures Of Detaining In China’s Supervision Law

It has been two years since the promulgation and implementation of the supervision law of the People’s Republic of China(hereinafter referred to as the "supervision law")in March 2018.As the most special investigation measure in the supervision law,lien has been widely used in the supervision practice,and it has become an important means for the supervision organs to perform anti-corruption functions.As an important part of supervision right,lien measures not only play its anti-corruption effect,but also are found to have some problems in practice.This paper mainly focuses on Lien measures.In this paper,the author first compares lien measures with similar legal concepts,legal norms and legal systems to explore the concept and nature of lien measures.Then,the author focuses on the problems existing in the practice of the lien measures and the suggestions for the perfection of the problems,what are the main problems existing in the practice of the lien measures,what impact these problems have on the use of the lien measures and the protection of human rights,and how to solve these problems scientifically and reasonably in legislation.This paper consists of three parts: introduction,body and conclusion.The main body is divided into four chapters.The first chapter is the concept of lien.This chapter mainly interprets the concept of lien.Through a brief introduction of the legislative origin of lien measures,and the comparison of lien measures with "lien" in "police law of the People’s Republic of China"(hereinafter referred to as "police law")and "property law of the People’s Republic of China"(hereinafter referred to as "property law"),based on the introduction of the concept,the context of lien in "supervision law" is clarified.The second chapter is the analysis of the nature of lien.This chapter mainly uses the comparative method to study,through the analysis of "two regulations" and "two finger" measures,residential surveillance measures for designated residence,arrest measures and other legal norms which are similar to lien measures,compared with the similarities and differences between these legal norms and lien measures,so as to explore the power source,executive organ,executive guarantee and self-restraint of lien measures,and summarizeThe detaining measures have four natures: political,quasi detaining,compulsory and modest.The third chapter is "the legal problems of lien measures".This chapter mainly introduces the author through the study of "supervision law" and relevant legal norms,as well as the legal problems of lien measures found in the work practice.This chapter mainly includes "Application of retention measures","decision procedure of retention measures" The six directions of "place of lien","external supervision of lien measures","alternative measures of lien" and "protection of the rights of the person under lien" are elaborated.The specific legal issues summed up include: the clarity of relevant legal standards of lien measures needs to be improved,the examination and approval system needs to be improved,the place setting of lien measures needs to be further standardized,and the exterior of lien measures needs to be further standardizedThe lack of supervision,the lack of alternative measures,the retention time offset system needs to be improved,and the way of lien relief needs to be improved.At the same time of summing up the problems,this paper also analyzes and considers the possible impact of these problems,which provides the research basis for the next step to solve the problems.The fourth chapter is "suggestions on the perfection of retention measures".This chapter mainly aims at the problems raised in the previous chapter to seek solutions.The author sums up the experience from practice,based on the balance of anti-corruption and protection of human rights,the balance of ease of use and rule of law,the balance of investigation and power checks and balances,etc.,makes some reasoning and assumptions,and puts forward some perfect suggestions for some problems.There are six suggestions put forward by the author,which are "setting up gradient supervision and investigation procedure","setting up examination and approval links of specialized agencies","setting up legal places for holding","improving lawyer’s intervention channels","setting up alternative measures for holding" and "improving the relief of holding measures".The six suggestions above basically cover all aspects of the filing,examination and approval,implementation,appeal and relief of lien measures,hoping to play a reference and help role in the improvement of China’s supervision law and supervision system.