Legislative Thinking On Lien Measures In Supervision Law

In March 2018,the supervision law of the People’s Republic of China(hereinafter referred to as the "supervision law")was officially promulgated and implemented,which entrusted the supervision committee with the responsibility of supervision,investigation and disposal,and stipulated in the form of law that the supervision committee could take 12 measures,including interview,interrogation,inquiry,freezing,retrieval,seizure,seizure,search,inspection,identification and retention Exercise supervision power.What is worth mentioning is the expansion of the scope of application of the supervision law,which includes public officials and relevant personnel.It fully covers the illegal and criminal acts of the staff who exercise public power,makes up for the shortcomings of the past scope of application of Discipline Inspection Commission supervision and administrative supervision,and provides for the first time that the supervision organ has the lien in the form of law.As a new type of supervision power,lien is an innovation of the reform of the national supervision system,which opens a new chapter in the discipline inspection and supervision work."Supervision law" has stipulated the examination and approval procedure,application period and relief method of lien measures,but the law is lagging behind.As a new law,its provisions are not perfect in many aspects,and there are still many problems.The author tries to explore the problems existing in the practical application of lien measures,and suggests that the legislature can improve and refine the existing legal provisions of lien measures by means of legislative interpretation,so that the supervisory organ can follow them and prevent the abuse of rights,so as to promote the anti-corruption work and the reform of the national supervision system to a more additive and standardized direction.There are three chapters in the text.The first chapter is "the generation and property of lien measures",mainly including the evolution process of lien measures and the nature of lien measures,understanding the transformation process of supervision power from "dual regulation" and "dual finger" to lien measures,analyzing the property of lien measures,understanding lien measures in essence,and thinking and suggestions on its legislative status.The second chapter is "the legislative status quo and existing problems of lien measures in the supervision law".It makes an in-depth study on the scope of application of lien measures,the procedures of examination and approval,execution and cancellation,the connection of criminal proceedings,the protection of the rights of the lien objects,and the supervision mechanism,analyzes the importance and necessity of solving these problems,and sorts out the current legal provisions To explore the existing problems of the current lien measures in the track of the rule of law and the neglected part.The third chapter is "the legislation of improving the lien measures".Aiming at the problems raised in the second chapter,it provides the legislative organs with solutions by distinguishing the serious duty violations and duty crimes of the respondents,improving the relevant procedures and unblocking the relief channels.