Research On The Perfection Of Supervision Lien And Detaining Measures In China

For a long time,corruption has been banned repeatedly in the party and public departments in China,which is the biggest threat to the ruling of the Communist Party of China.Since the founding of new China,whether it is the "three anti-corruption" movement at the beginning of the founding of the People’s Republic of China or the promotion of three non-corruption in one,it shows the high pressure that the party and the government have been adhering to in anti-corruption.At present,China’s anti-corruption work has entered a critical period and deep-water area,especially the promulgation of the "supervision law",which makes the punishment of "beating tigers" and "beating flies" into the orbit of legalization.The "two regulations" are replaced by detaining measures.As a compulsory measure that can restrict personal freedom,the supervision and detention system has a legal weapon in the fight against corruption,dereliction of duty and other official crimes.To a certain extent,it has a great deterrent effect on the public servants who have serious duty violations and job crimes,and has achieved good political,legal and social effects。 However,with the deepening of supervision system,there are still some new supervision measures.This paper is divided into four parts to explore how to improve the supervision of lien measures.The first part summarizes the origin,concept,characteristics and scope of application of lien measures."Detaining" has different concepts in the field of private law and public law.The detaining measures in the supervision law refer to the means and measures to detain the investigated person in a certain place according to the legal procedures when the supervision committee handles serious duty violation and duty crime,so as to ensure the smooth investigation of the case.The second part mainly analyzes the problems existing in the supervision and lien measures.In the practice of supervision,there are some problems,such as vague application conditions,nonstandard execution procedures,insufficient protection of the rights of the investigated,lack of right relief and so on.The third part analyzes the similar regulations in Chinese Hong Kong,Japan and the United States.This paper focuses on the analysis of the operation mechanism of the detention measures of the Independent Commission against corruption in Hong Kong,drawing on the successful experience and summarizing the reference for improving the supervision and detention measures.The fourth part puts forward suggestions to improve the lien measures from three aspects: the refinement of the applicable conditions of the lien measures,the improvement of the operation procedures of the supervision lien measures and the improvement of the rights protection of the investigated.The purpose is to prevent the abuse of the lien measures,put the lien measures in the cage of the system,operate in the supervised mode,protect the legitimate rights of the investigated to the maximum extent,and promote the national supervision The supervision system will be more standardized and legalized.