On-duty Lawyers Participated In The Research In Lien Measures

In the process of reform of the supervision system,in order to supervise all public officials who exercise public powers,the supervision organs have accepted the functions of the administrative supervision department,the functions of the procurators to investigate and deal with corruption,bribery and dereliction of duty,and the functions of the disciplinary committee for party discipline.The "Supervision Law" promulgated in 2018 gives supervisory agencies the responsibility of supervision,investigation,and disposal.During the investigation of duty crimes,the supervisory agency can take 12 investigation measures,including interviews,interrogations,inquiries,and liens.Lien is a compulsory measure that restricts the personal freedom of the person under investigation for a long time.During the lien,the person under investigation is in a state of lack of protection of rights and interests.Due to the special nature of the supervision work,which is different from the criminal investigation before the reform,the duty lawyer's participation system is not stipulated in the investigation process of duty crime,and the expanded supervision power may cause the rights and interests of the investigated person to be improperly violated.Based on this,the author believes that it is worthy of study and discussion to construct a system of participation of duty lawyers in the retention measures.This article mainly studies the participation of on-duty lawyers in the retention measures from four parts.The first part is to clarify the connotation of the lien measures and the duty lawyer system.Introduce the evolution process and nature of lien measures,the development and function of the on-duty lawyer system.The second part is the analysis of the participation of lawyers on duty in my country.Clarify that the reason for the lack of participation of duty lawyers in the lien measures is the particularity of the supervision and investigation activities and the implementation defects of the duty lawyer system,and demonstrate the necessity of establishing the system from the three aspects of standardizing lien measures,cohesive review and prosecution procedures and the legitimacy of maintenance procedures.The legal basis of the guarantee and the practical basis of the on-duty lawyer system are expounded on the feasibility.The third part is the investigation of the duty lawyer's participation system in the investigation of duty crimes in extraterritorial.Due to the late start of the construction of the rule of law in my country,there are still many shortcomings.Through comparative analysis of the legislation and practice of duty crime investigation in foreign countries and Hong Kong,China,the main experience is summarized: rich duty method,clear scope of authority and perfect Management System.The fourth part is to construct a mechanism for the participation of on-duty lawyers in the retention measures.On the basis of the foregoing,combined with the actual situation of my country's anti-corruption struggle,we try to put forward specific ideas,establish the status of the duty lawyer as a “legal helper”,and oppose the “defender” of the duty lawyer;the duty lawyers are classified into duty crime cases with limited participation in the lien Measures;reasonable setting of specific rights and obligations in the process of participation;relevant supporting measures to ensure the long-term effectiveness of the work of on-duty lawyers.