Research On My Country’s Supervisory Lien System

Replaced by supervisory measures lien the serveral double refers to "the central committee of the communist party of China for promoting the rule of law," to implement the party and the national law of organic link "strategy,is a major step in the process of the anti-corruption under the rule of law,is exclusive of the supervisory committee for illegal or duty crime investigation on suspicion of serious position of national public servants to exercise a kind of compulsory measures,The Supervision Law promulgated in 2018 provides a corresponding legal basis for monitoring the implementation of lien measures.As included in the personal coercive measures under the framework of the constitution law,the supervisory system of measures of lien design should follow the basic principles of the constitution and the rule of law,the punishment of corruption of both human rights at the same time,it will directly affect the supervisory organs perform supervisory duties effectively,at the same time is also about the fundamental rights of the people surveyed can be protected.There is no doubt that the transformation from the "double rules and double fingers" regulated by the Discipline Inspection Regulations and the Administrative Supervision Law to the "supervision lien measures" regulated by the Supervision Law has greatly promoted the process of the rule of law against corruption in China both in form and in essence,and made great progress in the protection of human rights.For example,new institutional arrangements have been made in terms of lien period,strict examination and approval procedures,deduction of prison terms,and state compensation for innocent judgment.However,the system still has many shortcomings to be remedied.On the basic theoretical level,the concept and attribute of the supervision lien measure are not yet determined,and there are academic disputes over whether it is political,administrative,criminal or independent.At the institutional level,the supervision lien measures have defects in both the substantive and procedural elements: in terms of the substantive elements,the absence of the "separation principle of checking and retaining" is not conducive to the targeted protection of human rights;As for the scope of application,the undifferentiated application of illegal and criminal law will damage the interests of the objects under supervision;As for the lien period,the maximum of 6 months is too general;There is no provision on the place of lien.In terms of procedural elements,the lack of judicial supervision,internal examination and approval,post-filing examination and self-examination without review may lead to the lack of credibility in the examination decisions.In the link of lien investigation and evidence collection,the lawyer’s intervention mechanism is missing;And criminal compulsory measures program cohesion is insufficient.Based on the main problems of supervisory measures lien,the paper put forward from the creating mechanism of supervisory measures lien,monitoring measures should follow the principle of the rule of law as the lien: the principle of "respect and guarantee basic human rights" of the constitution and the law of the rule of law required by the people’s sovereignty principle,the principle of due process,the principle of law reserve basic principle,proportion principle and a series of public law.At the theoretical level,the basic concepts and attributes of the supervision lien measure are defined,and it is believed that the supervision lien measure has the independent attributes of "supervision" with the characteristics of "party discipline","government affairs" and "criminal".At the system level,aiming at the existing system defects,this paper puts forward the perfect path of the supervision lien system from two aspects: entity requirement and procedure requirement.In order to achieve China’s "party rules and laws of the organic connection",promote the anti-corruption process of the grand goal of the contribution of modest.