Research On The Rule Of Law In The Operation Of China’s Supervisory Lien Measures

The Constitution of the People’s Republic of China(hereinafter referred to as the Constitution)gives the state supervisory organs an independent status and powers in the form of a fundamental law.The supervisory organs have the right to investigate public officials who exercise public power in violation of the law.As a more severe investigative power to restrict the personal freedom of the investigated person,detention measures,if improperly applied in practice,may easily violate the legitimate rights and interests of the investigated person,which is incompatible with the respect and protection of human rights.and does not meet the inherent requirements of procedural justice and the development of the rule of law in the supervision system.Therefore,it is necessary to explore the legal nature of lien measures,the attribution of power and other issues,and to make clearer provisions on the application procedures and the protection of the rights of those who are subject to investigative measures and relief measures,so that the lien measures in the implementation of the law.At the same time,the supervision of the application of lien measures should also be strong enhanced,so such the lien measures can be continuously improved on the road of the development of the rule of law.Based on the legal regulation of the Supervision Law of the People’s Republic of China,this paper analyzes the legal nature of lien measures and the problems in their application from the perspective of rule of law reform of the supervisory system,based on the basic theories of criminal law and criminal procedure law,administrative law and administrative procedure law,and gives some suggestions for improvement according to the specific practice.This thesis has done the following parts:The first part begins with an introduction,which summarizes the research problem,purpose,research method,and innovation of this paper,and this part is a summary of a basic idea of the paper.The second part is the analysis of the legal theory of lien measures.Through the study of the provisions of the Supervision Law and other relevant legal norms on lien measures,and comparing the general views of the academic community,the legal nature of lien measures is explained,and its characteristics and some problems arising in the process of application are summarized.The third part is the operation status of lien measures.It also discusses the procedural interface between lien measures and criminal proceedings,and the human rights protection and relief of those who are subject to investigative measures.Part Ⅳ contains suggestions for the improvement of lien measures.The problems that exist in the operation status of the lien measures in Part Ⅲ are proposed for improvement.The author summarizes the experience from practice and puts forward feasible suggestions for some existing problems.The suggestions for improvement are given from four perspectives,including clarifying the nature of lien measures,regulating the application procedures of lien measures,strengthening the supervision of lien measures,and safeguarding the legitimate rights and interests of the Those who are subject to investigative measures.It covers all aspects of the lien measures from the initiation to the execution process.