Monitor The Study Of Retention Measures

Since the promulgation of the Supervision Law,the supervisory organ has become the legal political institution against corruption in China.It is a great progress in the rule of law in China that the detention measure replaces the "Two regulations" as the legal measure for the supervision organ to restrict personal freedom.However,the provisions on detention measures in the current legislation are relatively rough,there are a lot of guiding provisions and legal gaps,and the investigation facts corresponding to the detention measures are quite complicated and may change at any time.In this regard,this paper is divided into the following four parts to study the detention measures.The first part analyzes the origin,nature and function of detention measures.First of all,introduce the origin of detention measures,trace back to the source.Secondly,it discusses the nature of detention measures.Through the discrimination of different opinions of scholars,it is concluded that detention measures are independent,different from existing administrative and criminal coercive measures,and not the simple addition of the two.Finally,the function of detention measures should be repositioned.Supervisory organs are not public procuratorial organs but political organs,and detention measures are not investigative powers,so their functions should not only be limited to investigating facts and evidence,but also need to play a role in reforming and transforming the object of detention and other political functions.The second part focuses on analyzing the risk of power abuse in the operation process of detention measures.Measures is a lien on the applicable for alleged illegal and duty crime object does not distinguish between as well as to the serious job definition of illegal behavior is not clear,the second is only exists in the lien approval process supervision committee enough internal examination and approval rules to specific problems,the third is retained measures in enforcing subject,place and deadline need to be clarified or refinement,Fourth,the entrustment right,basic personal right and relief right of the object of detention are relatively lacking.In the third part is for detention measures legislation,there are a lot of discretionary space regulation Suggestions,one is to distinguish the type of lien and the definition of the position clearly illegal refining the applicable scope,the second is by separating examination department and perfect the examination and approval rules to optimize detention measures for examination and approval procedures,three is the executive subject,place and time limit further refined to improve the execution of measures of lien,The power boundary of detention measures should be clearer and the operation process should be more standardized.Fourth,the supervision mechanism of detention measures should not only play the role of internal control and supervision of the supervision committee,but also emphasize the external control and supervision of the Party,the People's Congress,the public opinion and the procuratorial organ.The fourth part puts forward suggestions on the concrete construction of lien relief system.In order to achieve the balance between the effective punishment of corruption and the protection of citizens' rights,the relief channels of detention measures are unblocked by guaranteeing the right of the person with detention to make a statement and appeal,introducing the system of assisting in defense and constructing the system of supervision and compensation.