Study On The Connection Between Supervisory Lien Measure And Criminal Coercive Measures

The formulation of “Supervision Law” is of milestone significance in the process of national supervision system reform.As one of the most concerned contents,the emergence of lien measure is an important embodiment of promoting the rule of law and anti-corruption in China.The lien in the Supervision Law is different from the lien in other laws.It is an investigation measure with the attribute of personal coercion.It has an independent legal nature and exists in the stage of supervisory investigation.After the implementation of the “Supervision Law”,one of the most noteworthy issues in the litigation procedure of duty crime cases is the connection between lien measure and criminal coercive measures.The smooth connection between the two is conducive to improving the efficiency of handling duty crime cases,balancing the conflict between justice and human rights values,promoting the anti-corruption process of the country,and consolidating and developing the overwhelming achievements of anti-corruption.However,in practice,the problems of the external exclusion of the lien measure and the lack of alternative measures have caused some obstacles to the effective link between the two.This may damage the basic human rights of the detained persons and the suspect,and also damage the credibility and authority of the state’s rule of law against corruption.The “Supervision Law” and “Criminal Procedure Law” have relevant provisions on the connection between lien measure and criminal coercive measures,but they are still not perfect.We need to constantly sum up experience in practice,and then perfect the legislation.Starting from the concept,applicable objects and conditions of lien measures,this paper discusses the connection background between lien measures and criminal coercive measures in the aspects of litigation procedures,and the connection value in improving the efficiency of national rule of law and anti-corruption,This paper analyzes the main problems existing in the process of convergence,and according to the author’s working experience and relevant legal theory suggestions,we can improve the existing problems from four aspects: standardizing the application of lien measures,improving the relief ways of rights,constructing the ladder type supervision and compulsory measures,and improving the relevant provisions of procedure backflow,In order to contribute to the reform of national supervision system and the process of anti-corruption under the rule of law.