On Lawyer’s Intervention In Supervision And Retention Measures

The supervision law of the People’s Republic of China（after referred to as the supervision law）was promulgated on March 20,2018,and the regulations on the implementation of the supervision law of the People’s Republic of China（after referred to as the supervision regulations）were promulgated and implemented by the State Supervision Commission on September 20,2021.It can be seen that the supervision lien measure is a very important investigation means in the reform of China’s supervision system,but there is a problem that the protection of the basic rights of the detainee is not in place.Among them,the imperfect supervision mechanism of lien leads to the failure to fully protect the rights of the detainee.The lack of relief channels needs to be further improved in specific procedures.It is necessary to strengthen the supervision of the supervision committee and allow lawyers to intervene in the supervision of lien to protect the rights of the detainee.The supervision law and the criminal procedure law have different provisions on investigation.They are the relationship between special law and general law.Therefore,it is necessary to make some necessary and reasonable connection between the supervision law and the criminal procedure law,so that the detainee can not only receive full investigation,but also protect the detainee’s personal freedom and legal rights.Lien measure is a unique new compulsory measure in the Supervision Commission,and it is also the most important measure that has the greatest impact on personal freedom.Therefore,it is of great research value for lawyers to intervene in the supervision of lien measures.First of all,cases should be divided into three categories according to their influence,followed by cases that should be intervened by lawyers,cases that may be intervened by lawyers and cases that cannot be intervened by lawyers.Secondly,we should give full play to and respect the authority of the supervision commission to handle cases independently,clearly grasp the boundaries and relations between the Supervision Commission,lawyers and the detainee,and avoid cross-border or illegal acts caused by lawyers’ intervention.Thirdly,the involved lawyers should be positioned as those who provide legal services to the detainee.At the same time,lawyers should be given some clear and specific rights and obligations to fully guarantee the rights of lawyers to investigate and collect evidence,meet the detainee,consult files,change coercive measures,maintain confidentiality,put forward opinions and complaints,so as to ensure that lawyers can fully provide efficient legal services and handle cases efficiently,Avoid unjust and wrong cases.In this paper,the system design is mainly designed from the following aspects: the specific time of lawyers’ intervention in supervision and retention,the specific way of lawyers’ intervention in supervision and retention,how to reasonably limit lawyers’ intervention in supervision and retention,how to reasonably limit the number of lawyers’ intervention in supervision and retention,and reasonably standardize the conditions of lawyers’ intervention in supervision and retention,so as to realize the reform of the national supervision system,Further promote the work task of anti-corruption,making the supervision and retention measures more reasonable and legitimate.This paper is divided into three parts.The first part is to introduce the nature and analysis of relevant measures of monitoring lien measures,elaborate the concept of lien measures,and analyze and compare the similarities and differences between lien measures and other coercive measures.The second part introduces the current situation of lawyers’ intervention in lien measures in China,and analyzes the feasibility and necessity of lawyers’ intervention in lien measures.The third part introduces the construction of lawyer intervention mechanism of lien measures in China,including the approval procedure,implementation procedure,lawyer’s rights and obligations,relief of lawyer’s intervention rights and so on.