On The Application Of Lien Measure In Supervision Law

In order to strengthen self-supervision,the party and the state have made a major decision to continue to deepen the reform of supervision system.The original intention is to integrate forces to strengthen the construction of clean government,expand the scope of supervision,conduct all-round supervision over all public officials,and promote the in-depth development of national supervision.The supervision law of the People’s Republic of China(hereinafter referred to as the supervision law)was adopted by vote at the first session of the 13 th National People’s Congress on March 20,2018.The promulgation of this law not only attracts the attention of people from all walks of life in the country,but also has a great impact on the enactment and implementation of relevant laws.The promulgation and implementation of the supervision law is conducive to the in-depth anti-corruption work,so as to implement national policies and guidelines and maintain social order.Moreover,supervisory organs are independent in exercising supervisory power.They do not belong to administrative organs or judicial organs,but are specialized organs exercising the functions of state supervision.In order to ensure that supervisory organs give full play to their supervisory functions,the supervision law stipulates that supervisory commissions have the functions and powers of inquiry,detention,freezing,detainment,sealing up and technical investigation.Among them,the detention is the severest investigative measure that can restrict their personal freedom,and it is regarded as the key measure to carry out investigation activities.The measure of lien plays a safeguard and supporting role in the investigation of supervision cases,because he can leave the lienee in a specific space within a certain period of time,which is crucial for the smooth development of the investigation.After the lien measure is applied to specific cases,it is of great value to investigate the truth of the case and plays an important role in the undertaking of specific cases by the supervisory commission.However,the regulations on lien measures in the supervision law,which integrates procedural law,personnel law and organizational law,are too simple,and there are some problems in the practical operation.This paper focus on the actual situation,from the reality to find measures to lien and summarized advantages and to be perfect,as the breakthrough point of "inspect" lien measures applicable for research,and through comparison with other laws,analysis of the reality of the problem,put forward Suggestions for perfecting the lien measures,the writer hopes to promote people’s understanding of lien measures,making lien measures can fully show its value in practice.This paper is divided into four parts: the first part introduces the actual cases andanalyzes the basic problems of the lien measures in the supervision law;In the second part,the author analyzes the necessity and shortage of the lien measures,and studies the limitation of the "dual rules",the significance of the lien measures,the demarcation of the lien measures for serious duty violation and duty crime,and the supervision mechanism.The third part is mainly the elaboration of the connection between the lien measure and the criminal procedure law,the study of the connection between the procedure and the criminal compulsory measure and the transformation of evidence.The fourth part is to improve the measures of lien from the aspects of clarifying the applicable standards of lien measures,establishing the system of lawyer’s intervention,perfecting the supervision system of lien measures,specifying the applicable principles and formulating the procedural law corresponding to the supervision law.In a word,under the premise of following the principle of careful use,the application of the lien measures should investigate the cases under supervision.If necessary,the lien measures should be taken according to the supervision law to ensure the smooth development of the investigation activities.Through the active exploration and summary of experience in practice,it provides the impetus for the application and development of lien measure.