Research On The Connection Between Supervisory Lien Measures And Criminal Compulsory Measures

The effective connection between the Supervision Law and the Criminal Procedure Law is a hot topic of concern in both theoretical and practical fields.Supervisory detention measures and criminal coercive measures are both coercive measures that restrict personal freedom,but each has its own unique attributes.Under the legal framework of supervisory procedures and criminal litigation procedures,the effective connection between supervisory detention measures and criminal coercive measures is related to the smooth operation of legal procedures,So it is necessary to conduct in-depth research on the effective connection between the two.The Supervision Law and the Criminal Procedure Law provide a basic legal basis for the connection between supervisory detention measures and criminal coercive measures.However,there are still many problems in the theory and practice of the connection between supervisory detention and criminal coercive measures.Firstly,the problems that arise during the supervision and investigation stage are the lack of procedural and substantive value of detention measures,and the inconsistent system of lawyer intervention;Secondly,in the stage of transferring for review and prosecution after the completion of the supervision and investigation,the institutional norms that connect with the prior detention measures are not clear,and the mechanism for procuratorial organs to intervene in the supervision and supervision of cases in advance is lacking,causing key and difficult issues in the connection of measures;At the same time,in the process of returning for supplementary investigation,there is a lack of legitimacy in legal principles and alienation in the application of criminal coercive measures in the connection between the "two measures";Finally,supervisory detention measures and criminal coercive measures are "sub powers" under the "power bundle" of the two laws,inevitably resulting in overlapping cases involving each other.This has led to reflections on the imperfect coordination and transformation of the procedural cooperation mechanism between supervisory and procuratorial organs.The construction of an ideal model for supervisory detention measures and criminal coercive measures seeks solutions to supervisory detention measures and criminal coercive measures based on the chronological order of case handling.Firstly,in the stage of supervision and investigation,optimize the entity and procedure of supervisory detention measures,and improve the institutional design of lawyer intervention rights,in order to achieve comprehensive rule of law in the stage of supervision and investigation;Secondly,in the stage of examination and prosecution,standardize the operation of the procedure of first detention,build a three-dimensional integrated legal supervision system,and establish a procedure and supervision mechanism for connecting supervision and prosecution;At the same time,in the stage of returning to the supplementary investigation,improve the connection between procedures and measures to improve the connection system of procedure rotation;Finally,correctly delineate the boundaries of powers between supervisory and procuratorial organs,standardize the connection and transformation between supervisory detention measures and criminal coercive measures in cases of mutual involvement,and facilitate the docking mechanism of procedures in cases of duty violations and crimes.To lay the foundation for further achieving the perfect connection of procedures and promote the construction of the national anti-corruption system.This article is divided into five parts for discussion: Chapter 1 takes a conceptual perspective to understand institutions and returns to theory.Summarize the concepts,legal nature,legal evolution,and academic perspectives of supervisory detention and criminal coercive measures,in order for readers to form a more complete and profound understanding of supervisory detention and criminal coercive measures.Chapter 2 provides a detailed analysis of the necessity of linking supervisory detention measures with criminal coercive measures.The necessity mainly involves the smooth integration of supervision,investigation,transfer,examination and prosecution procedures for duty related illegal and criminal cases,legal anti-corruption,and basic requirements for human rights protection,laying the foundation for the resolution of subsequent issues.Chapter 3 analyzes the specific issues in the connection.Analyzing problems is the prerequisite and foundation for solving problems.Based on the actual operation situation,analyze the problems between the "two measures" and provide a proof basis for solving problems.Chapter4 analyzes the reasons for the poor connection between supervisory detention measures and criminal coercive measures,hoping to delve deeper into the root causes of the problems.Chapter 5 is a suggestion for improving the connection between supervisory detention measures and criminal coercive measures.Propose solutions from the institutional level,procedural integration,and mechanism improvement.In summary,I will contribute my own efforts to the sound and perfect legal system.