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Monitoring Of Rights Protection Studies In Lien

Posted on:2021-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:H R NieFull Text:PDF
GTID:2516306302975229Subject:Law
Abstract/Summary:PDF Full Text Request
The reform of the national supervision system is the highlight and focus of China's political system reform.The National Supervision Committee was established,the "Supervision Law" was established,and a new anti-corruption system mechanism was established.The Party Central Committee with Comrade Xi Jinping as the core strengthened the Party and A major political decision on national self-supervision.As part of the reform of the national political system,the reform of the national political system is a self-renovation and improvement of the national political system under the leadership of the party.It is a major political change that meets the needs of future social development.The Committee,as a national supervisory organ,plays a very important role in achieving long-term security and political clarity in the country and maintaining social fairness and justice.It carries out reform of the national supervisory system and creates a national supervisory committee.The core purpose is to strengthen the party's centralized and unified leadership of anti-corruption,Strengthen the party and the country's ability to supervise national public officials,so as to build a strong and efficient national supervision system under the leadership of the party,to achieve supervision of all public officials,promote the exercise of power more scientific and sunny,and effectively protect citizens Legal interests,and constantly promote national governance systems and governance modernization,in order to open up a line with the historical development and future trend,people generally get the endorsement and support,to monitor the road of socialism with China's national conditions compatible with Chinese characteristics.In the process of advancing the reform of the national supervision system,the lien of the supervisory committee is a very important power.The lien is related to the personal freedom of the citizen,the right to information,and the right to state compensation.The important role of educating corrupt elements to confess and repent.Judging from the legal provisions of the Supervision Law,the supervision lien measure is similar to “criminal arrest”,but the Supervision Law does not directly borrow the provision for arrest.Instead,it provides a separate provision for the supervision lien measure and creates a This special coercive measure did not directly adopt the arrest measures in the Criminal Procedure Law,which precisely reflects the depth and particularity of the reform of the supervision system.Restrictions on the right to personal liberty of citizens are one of the strictest restrictions on citizens' rights under the law.China's Constitution clearly states that the state respects and protects human rights.Any system reform and exercise of power should conform to the spirit of the Constitution and follow the provisions and requirements of the Constitution.The Supervisory Committee,as the state's supervisory organ,is concerned with state supervision Anti-corruption is a matter of great importance,and it is even more important to implement the Constitution's requirements for human rights protection.Therefore,the implementation of the lien measure is of great importance,and it is particularly important for its nature and the protection of the rights of the lien.Against the background of the national anti-corruption system from policy anti-corruption to law-based anti-corruption,how to achieve a balance between efficient anti-corruption and protection of human rights and build a long-term and stable anti-corruption mechanism is a topic worth exploring.This article consists of four chapters.The first chapter is divided into three parts.The first part mainly explores and introduces the nature of the state supervisory authority,the development and nature of supervisory liens,and the comparison between supervisory liens and other coercive measures.Through the exploration of this theoretical part,we will explore further Theoretical basis of problems in lien.The second part first introduces the impact of the monitoring lien on the rights of the lied,the corresponding guarantee principles and legal basis,and then explores the principles of protecting the rights and the efficient anti-corruption balance under the anti-corruption system with Chinese characteristics.The third part mainly introduces the problems or disputes in the protection of rights in liens.There are three main aspects: first,the problems or disputes about the conditions for the application of lien measures;second,the problems or disputes about the rights protection measures;and finally,the liens.Questions or disputes over monitoring and erroneous compensation.The second chapter is divided into three parts to explore the issues or disputes concerning the applicable conditions of lien measures.The first part mainly explores the requirements for the applicable conditions of monitoring liens,including the applicable investigative power conditions,case type conditions,and hazardous conditions for liens,laying a good theoretical foundation for the further discussion of the problems in the application of liens.The second part mainly discusses the controversial issues such as the applicability of the lien and pocket provisions and the "involving significant and complex cases" in the application of lien.The third part is to address the above issues,and gives its own suggestions from the perspective of efficient anti-corruption and rights protection.The third chapter is divided into three parts,and explores the problems or disputes in the protection measures of rights in liens.The first part introduces the provisions on the safeguard measures of rights in the Supervision Law and Criminal Procedure Law,which mainly include the right to help lawyers,special provisions for the arrest of special groups,and the right to know the family.The second part mainly discusses in depth whether to allow lawyers to intervene,the right of family members to know,and places of lien during the monitoring of liens.In the third part,I put forward my views and suggestions on the above issues.The last chapter of the article is divided into three parts.First,the first part introduces the provisions of the Supervision Law on lien decisions and termination procedures,and state compensation.It also introduces the provisions of the Criminal Procedure Law on changes to coercive measures.The second part mainly discusses the lack of monitoring in the lien and the ambiguity of the wrong lien compensation mechanism.The third part addresses the above issues and gives its own views and suggestions from the perspective of efficient anti-corruption and rights protection balance.
Keywords/Search Tags:Monitoring lien, Rights protection, Efficient anti-corruption, Balance
PDF Full Text Request
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