Study On Detention Measures

Detention,as the product of the reform of the supervision system,is derived from the "two rules" measure of the Commission for Discipline Inspection.It is one of the 15 investigation measures implemented by the supervisory commission in the process of case investigation,and also the only one that restricts personal freedom.It has similar characteristics with the arrest in the criminal coercive measure,but there are also many differences.It is the first time for the supervisory commission and its special detention measures to appear in China’s laws.At present,the provisions of the detention measures in the Supervision Law and other relevant laws are still relatively rough.There are many aspects that need to be improved,whether in terms of the provisions of the law itself or the connection with the existing laws.detention measure,as the only measure that can restrict the personal freedom of the investigated person,plays an irreplaceable role in the case investigation of the supervisory commission.Its importance is self-evident,and it is necessary to analyze and demonstrate it.The author studies the detention measures.Firstly,the author adopts the method of literature research.Through reading the relevant works,periodicals and papers about the detention measures and the reform of the supervision system,the author understands the academic circles’ concerns and main viewpoints.The second is to use the method of comparative study to compare the detention measures of the Supervisory Commission with the original "two rules" measures of the Commission for Discipline Inspection,criminal detention,arrest and other measures to analyze the characteristics of the detention measures and make a comprehensive interpretation of them.The third is to use the method of investigation and research to investigate the implementation of detention measures in specific practice.Combined with the investigation and research,this paper analyzes the phenomenon and problems existing in practice,and puts forward relevant opinions and suggestions.Firstly,this paper gives a brief overview of detention measures.This paper expounds the source of the detention measure,summarizes the characteristics of the detention measure from four aspects:mandatory state,detention,specific object and fixed period.Secondly,it objectively discusses the positive significance of the detention measures,including the realization of the legalization of the "two rules" measures,the promotion of more efficient investigation and handling of duty crimes,and more standardized investigation and handling of illegal cases.Thirdly,combining with the practice of handling cases,the paper analyzes the problems existing in the implementation of detention measures.First,detention measures are indiscriminately applied to illegal and criminal activities,and there is irrationality in the scope of application.The second is the problem that the detention measures and the criminal coercive measures of the procuratorate are not connected.This paper mainly discusses the connection problem of the detention cases in the two links of transfer for examination and prosecution and return for supplementary investigation,and expounds the current situation and existing problems of the exchange between the detention measures and the criminal coercive measures in the case handling practice.Thirdly,it makes a detailed analysis on the problems of lawyers’ involvement during the period of detention.It mainly discusses the rights consistency of the investigated persons before and after the reform caused by not allowing lawyers’ involvement,the incompatibility with the construction of China’s legal system,and the inconformity with the design idea of "two rules" legal system.Fourth,improper detention is not included in the state compensation,mainly from the supervisory commission’s state organs,the characteristics of detention measures and other aspects of the argument.Fourthly,suggestions are put forward for the problems raised in the third part.The first is to futher clarify the scope of application of detention measures;the second is to ensure the reasonable and efficient connection between detention measures and criminal compulsory measures;the third is to increase the provisions of lawyers’involvement in detention cases;the fourth is to bring improper detention into the state compensation;the fifth is to standardize the provisions of Article 22 of the Supervision Law.Fifthly,briefly analyze the problems existing in the custody supervision mode.Through the study of the problems existing in the practice of detention measures and the countermeasures,the detention measures can be better integrated into the legal system of our country,and the legislation can be more perfect,so as to achieve the purpose of promoting legislation by practice and standardizing practice by legislation.