A Study On Supervision Lien From The Perspective Of Rule Of Law

The reform of supervision system is an inevitable requirement for China to realize the institutionalization and legalization of anti-corruption,promote the rule of law comprehensively,and carry out anti-corruption work with the thought and method of rule of law.“The Supervision Law of the People’s Republic of China”adopted at the first session of the 13 th National People’s Congress clearly stipulates that the supervisory commission shall enjoy 12 investigation measures,including lien.According to the “supervision law”,combined with the implementation of three pilot areas including Beijing,zhejiang province and Shanxi Province,this paper on the measures of lien from the following aspects: the first part,explains the basic theory of supervisory lien includes the background,attribute properties of lien and its differences with other compulsory measures.As a new investigation measure of the supervisory commission,the supervisory lien has dual attributes in nature,namely administrative nature and judicial nature.The second part is the analysis of the current situation of the supervision lien,including the analysis of pilot work and legislative status,the practical status of the pilot areas on the specific application of the lien measures are analyzed,the legislative status mainly includes the applicable objects,conditions and procedures.The third part combined with the disputes in legislation and the problems in practice,summed up the main problems of the lien measures,including the confusion of the establishment of the lien place,the unclear conditions to remove the lien,and the lack of supervision and restriction system.The fourth part mainly aims at the above problems,studies on the basic principles of the supervision lien,puts forward some suggestions about legalization construction of supervision of lien,such as establish an unified place for the lien,clear the remove conditions of lien,construct supervision and restriction system and so on.Under the requirements of the rule of law and the rule of constitution,the effective implementation of lien measures is an important part of the national supervision system reform.