Research On Lawyers' Intervention During The Supervision Of Detention

The Supervision Law,which was promulgated in 2018,gave the supervisory authority the power of investigation,which integrated party discipline,political discipline,and criminal investigation,and became a new anti-corruption weapon.Based on this,the supervisory authority can take 12 investigation measures ranging from seizures,freezing,to inspections,searches,to liens,etc.,to ensure that the supervisory authorities conduct a comprehensive investigation of serious violations of discipline and law to achieve a better anti-corruption effect.Detention measures have the nature of criminal compulsory measures.From the perspective of anti-corruption,the supervisory system has many benefits,but from the perspective of the person under investigation,the rights during the lien period and the rights of the person deprived of liberty during the criminal investigation of the public security show obvious advantages.The most direct manifestation of this inequality is that lawyers cannot intervene during the lien period.Regarding the involvement of lawyers during the lien period,there is considerable controversy in both the practical and theoretical circles.In the process of applying the detention measures,there are problems of insufficient protection of the rights of detainees,lack of external supervision,and unequal rights of detainees.The key reasons for the problem are the particularity of the subject and type of crime of the duty crime and the lack of clear legal provisions during the lawyer's intervention in the lien,which makes it difficult to protect the rights of the detainees.Although there is no clear legal provision for lawyer intervention,whether it is based on the concept of procedural justice and human rights protection,or based on the principle of the right to obtain a defense,the principle of equality in the application of law,or based on the requirements of the current confession and punishment system,the detained person enjoys the right to defense.The right to disagree with the procedure and the assistance and defense of lawyers all have theoretical basis,and it is necessary for lawyers to intervene during the lien period.Comparing the surveillance systems in Sweden,Singapore,Hong kong and Macao regions of China,we can see that in the surveillance systems of different regions,the party under investigation has more or less enjoyment of the above-mentioned rights.These mature experiences can provide for the construction of the system of lawyers' intervention in the supervision of the lien period.A feasible experience for reference.In the construction of specific procedures for lawyer intervention during the lien period,we can learn from the relevant provisions of the Criminal Procedure Law of our country and proceed from the following perspectives: First,from the perspective of the person under investigation,it is clear that the person under investigation can enjoy the benefits after the lien is taken.Rights,such as the right to defend oneself,the right to obtain legal help,the right to apply for the discharge of illegal evidence,and the right to apply for removal of lien measures.Second,from the perspective of lawyers,on the basis of clarifying the rights and obligations of the person under investigation,the lawyer is given an independent defense status and can enjoy the exclusive rights of the lawyer,such as the right to meet and communicate and legal assistance,the right to investigate and collect evidence,and the right to refuse defense under certain circumstances,etc.The third is from the perspective of the supervisory agency,which mainly clarifies the obligation of the supervisory agency to inform the detained persons and their relatives.